


BACK £? C_, 
REPUBLIC 

The Golden Mean-. 
the standard fc .nment 







CDEffilGHT OEPGSm 



Back to the Republic 

A Study in Forms of Government 

Demonstrating the truth of the following 

proposition : 



Failures: ■< 



Autocracy — One extreme. 
Democracy — The other extreme. 



Success: -I Republic — < 



The golden 'mean. 
The standard form. 



Back to the Republic 

The Golden Mean : the Standard Form 
of Government 



By HARRY F. AT WOOD 



Can the world be made "safe for democracy"? 




CHICAGO. 
LAIRD & LEE, Inc. 

PUBLISHERS 






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Copyright, 1918 

By 

HARRY F. ATWOOD 



MJM 29 1918 

©GI.A492778 



#ratetuUj> bebtcateb to tfje mentor? of tfje Jfounber* 

of tfje &ep unite of tlje Winitch States 

of America, tofjo eStaoltsifjeb tfje (go I ben 

ill e an anb ebolueb tfje ^>tanbarb jform 

of #onernment. 



PREFACE 

r T*HE three words uppermost in the minds 
of the people throughout all the world 
to-day are "autocracy," "democracy" and "re- 
public" 

What do you mean when you use the word 
"autocracy" ? 

What do you mean when you use the word 
"democracy" ? 

What do you mean when you use the word 
"republic"? 

Write down your own definitions of those 
three words, stop the first hundred people you 
meet and ask each of them the above three ques- 
tions. Compile their replies, and you will have 
a compilation that would win a prize in a museum 
of curiosities. 

If you should journey to the national capital 
and, beginning with the President, ask the hun- 
dred men who are most prominently identified 
with the national government those same three 
questions, you would have material for a scrap- 
book the reading of which would be confusing 
to the mind. 

vii 



viii Preface 

If you should visit the State capitals, and, be- 
ginning with the Governor, ask the hundred men 
most prominently identified with the State gov- 
ernment in each commonwealth these same three 
questions, and have their replies compiled, you 
would have a volume of interesting contradic- 
tions. 

If you should go still farther and visit the 
capitals of all the Allied countries, of the Central 
Powers and of the so-called neutral countries, 
and ask the hundred men most prominently 
identified with the government of each country 
those same three questions, and have their replies 
compiled, you would have several volumes of 
exceedingly interesting contradictions. 

If you were disposed to gratify your curiosity 
still further and should turn to the various dic- 
tionaries, encyclopedias, magazines, newspapers, 
and countless volumes on political science and 
government, and make a collection in book form 
of the various definitions that have been given 
and the uses that have been made of the words 
"autocracy," "democracy" and "republic" you 
would have compiled the greatest curio of them 
all. 

The purpose of this book is: 

(1) To make clear the meaning of the words 
"autocracy," "democracy" and "republic/ 1 



Preface ix 

(2) To encourage a more accurate use of 
governmental terms, and 

(3) To urge the importance of avoiding the 
dangers of the extremes of both autocracy and 
democracy, and the vital need of adhering 
strictly and literally to the fundamentals of the 
republic, which is the golden mean between autoc- 
racy and democracy. 



CONTENTS 



CHAPTER 


page 


I. 


The Trend of Government 


. 13 


II. 


The Republic .... 


£1 


III. 


The Golden Mean 


. 33 


IV. 


The Standard Form . 


44 


V. 


The Constitution 


. 54 


VI. 


Dangerous Experiments . 


69 


VII. 


The Short Ballot 


. 89 


VIII. 


Organization .... 


97 




National Government 


. 99 




State Government . 


106 




County Government . 


. 113 




City Government 


114 


IX. 


A World Republic . . . 


. 118 


X. 


Conclusion .... 


124 



APPENDIX 

XI. The Constitution of the United States . 129 



XI 



Back to the Republic 

Chapter I 

THE TREND OF GOVERNMENT 

HP HE trend of government may be presented 
in graphic form as follows : 



From earliest times to 1788 A.D. 

Experimental failures. 

From 1788 to 1900 A.D. 

Progress. 

From 1900 to 1918 A.D. 

Retrogressive tendencies. 



During the thousands of years prior to 1788 
A.D. the pendulum of government was swing- 
ing back and forth from one extreme to the 
other: from the mob leader to the mob; from 
the mob to the monarch; from the monarch to 
democracy; from democracy to the demagogue; 

13 



14 Back to the Republic 

from the demagogue to mobocracy; from mob- 
ocracy to autocracy; from feudalism to com- 
munism ; from bondage to license. 

Tyranny, conquest, militarism, lawlessness, 
mobmindedness, riot, persecution, oppression, re- 
bellion — these are the words that describe the 
long-continued panorama of unsuccessful efforts 
and experimental failures in government for 
approximately seven thousand years. 

Now and then a ray of light and hope appeared 
in Greece, Rome, Holland, Switzerland, Eng- 
land and elsewhere, but during all that period of 
time no government was devised that could secure 
for its people any one of the great fundamental 
privileges for which government is primarily 
organized. 

In all those thousands of years there was no 
government that secured for its people religious 
freedom, or civil liberty, or freedom of speech, or 
freedom of the press, or security of individual 
rights, or popular education, or universal fran- 
chise. 

It is a startling statement, but an indisputable 
fact, that in reviewing the centuries of history 
prior to the founding of the republic of the 
United States of America we find no country to 
which the historian can point and truthfully say : 
There was a government that worked well. 



The Trend of Government 15 

In 1788 a group of real statesmen of great 
physical vigor, mental acumen, thorough knowl- 
edge, practical wisdom, far-sighted vision and 
moral courage assembled in Philadelphia and 
after months of discussion and deliberation pro- 
duced the Constitution which provided for the 
republic of the United States of America. 

These men were equal to the opportunity, rose 
to the occasion, and builded better than they 
knew; for they established the golden mean and 
evolved the standard form of government. 

Following the adoption of the Constitution 
and the founding of the republic of the United 
States of America there began the first great era 
of progress governmentally that the world had 
ever known. 

We began to solve problems and to secure 
privileges that had baffled philosophers and 
statesmen for ages. Within a century we had 
secured all of the seven fundamental privileges 
for which government is primarily organized. 
We developed a larger galaxy of great statesmen 
(because they were thinking and working along 
standard lines) than has been developed by all 
other governments in the history of mankind. 
We organized into a splendid and loyal citizen- 
ship people of many nationalities, coming to our 
shores with varying ambitions and ideals. We 



16 Back to the Be public 

stood the strain of the great Civil War and came 
out of it stronger and better. 

The governmental atmosphere of individual 
security seemed to stimulate individual effort 
toward discovery and invention, so that we made 
material and commercial progress that has had 
no parallel in history. We advanced from the 
wooden spade to the steam plow, from the ox- 
cart to the freight train, from the blacksmith 
shop to the great manufacturing plant, from the 
flail to the steam thresher, from the cradle to the 
self-binder, from the needle to the sewing-ma- 
chine, from the spinning-wheel to the great tex- 
tile mills, from the stage coach to the Pullman 
palace car, from the messenger boy on foot or 
horseback to the telephone and telegraph, from 
the prairie schooner to the automobile. And 
equal progress has been made along many other 
lines since the founding of this republic. 

While doing all this we advanced from the 
education of the few to the great public-school 
system, from slavery to political equality, from 
religious bondage to religious liberty. 

Other nations of the world were struck with 
awe and admiration by the marvelous manner in 
which the new republic was solving its problems 
and securing to its people political privileges such 
as the world theretofore had not known. 



The Trend of Government 17 

Awe and admiration on the part of the people 
of foreign countries merged into emulation, and 
they began to modify their ideals and ideas of 
government, gradually becoming more tolerant 
of religious freedom, more zealous of civil liberty, 
more lenient toward freedom of speech and of 
the press, more considerate of inherent individual 
rights, more active toward popular education, 
and more favorable toward universal franchise. 

We radiated over all the world the rays of 
light, of hope, of progress, of justice, of common 
sense and of scientific governmental procedure; 
and while making that matchless record, and 
wielding that splendid world influence, we made 
for the United States of America the undisputed 
leading place among the nations, not because of 
our great army, our great navy, our vast possess- 
ions, or our many people, but because we were 
enjoying the blessings of the best form of gov- 
ernment mankind had ever known. 

Gradually, however, we began to modify our 
national government through the appointment of 
boards and commissions, and the creation of vari- 
ous governmental agencies that made it impos- 
sible for the government to function in accord- 
ance with the plan of the Constitution. 

The various States modeled their constitutions 
less and less after the plan of the Federal Consti- 



18 Back to the Republic 

tution and included in them much that should 
properly have been statutory material. In their 
constitutions they provided for the election of offi- 
cials other than the executive and members of 
the legislative bodies. More and more we drifted 
away from the moorings of the Constitution to- 
ward the whirlpools of a democracy. 

Demagogues and propagandists, blinded with 
egomania, kept up a constant campaign of agita- 
tion in the various States for the initiative, refer- 
endum, recall, boards, commissions, city mana- 
gers, socialistic doctrines and anarchistic here- 
sies, until we may truthfully say that for some 
years we have been passing through an age such 
as Alexander Hamilton had in mind when he 
said: "There are seasons in every country when 
noise and impudence pass current for worth, and 
in populous communities especially the clamor 
of interested and factious men is often mistaken 
for patriotism." 

In his popular work, "The American Com- 
monwealth," written about thirty years ago, when 
boards and commissions were not so prevalent 
and we were still adhering more strictly to the 
standard form of government, Mr. Bryce wrote 
as the opening sentence in Chapter I : " 'What do 
you think of our institutions?' is the question ad- 
dressed to the European traveler in the United 



The Trend of Government 19 

States by every chance acquaintance." That 
question was asked with an unusual degree of 
pride. Imagine, if you can, an intelligent Ameri- 
can of today making, with any degree of pride, 
the following inquiries of European travelers : 

What do you think of our Ohio and Oklahoma 
State constitutions? 

What do you think of presenting a ballot to 
the voter containing the names of 334 candidates, 
or a ballot over six feet long covered with printed 
matter upon which a vote is to be cast within two 
minutes of time? 

What do you think of having 128 boards and 
commissions in a single State in addition to an 
executive, two legislative bodies and seven other 
elective officials ? 

What do you think of our more than doubling 
the expenses of government in nearly every State 
in the Union during the decade from 1903 to 
1912? 

What do you think of spending over $2,000,- 
000 of the taxpayers' money on primaries and 
elections in Cook County, Illinois, in the single 
year of 1916, aside from the personal expenses 
of the horde of candidates? 

What do you think of our enacting over 62,000 
new statutes in this country during the five-year 
period from 1909 to 1913, inclusive, and of our 



20 Back to the Republic 

having over 65,000 decisions of courts of last 
resort during those same five years, and compil- 
ing 631 large volumes of decisions? 

These are only a few of the many questions 
that might be asked because we have been drift- 
ing away from the plan of a republic. 

The conditions that have been wrought through 
these departures, this reckless agitation, and the 
enactment of approximately fifteen thousand 
new statutes each year, have had a disastrous ef- 
fect upon this country and resulted in greatly 
lessening our influence for good in other coun- 
tries. We have drifted from the republic toward 
democracy; from statesmanship to demagogism; 
from excellent to inferior service. It is an age 
of retrogressive tendencies. 



Chapter II 

THE REPUBLIC 

'THE present great war crisis has aroused the 
A world to serious thought about government 
and the best form of its administration. 

If the people of all nations could be awakened 
to the tremendous truth that a republic is the only- 
form of government that has solved governmen- 
tal problems successfully and given wholesome 
and desirable results, it would compensate in 
part for the awful sacrifice and carnage of this 
tragic time. 

One of the serious aspects of present-day ten- 
dency is the reckless and inaccurate use of gov- 
ernmental terms. Almost daily Russia is spoken 
of as "the new republic." That phrase is as 
inaccurate as it would be to speak of a drunken 
man as a new example of temperance. To speak 
of Mexico as a "republic" is as inaccurate as it 
would be to speak of fanaticism as a new form of 
reverence. To call China a "republic" is as far- 
fetched as it would be to speak of insomnia as a 
new form of rest. 

21 



22 Back to the Republic 

China, Mexico and Russia at the present time 
are all types of democracy. In each instance the 
pendulum swung all the way from the extreme 
of autocracy to the extreme of democracy. It 
did not stop at the golden mean. These countries 
are not republics. 

England, Italy, Belgium and France are fre- 
quently spoken of as "the allied democracies of 
Europe;" yet with one exception each country 
supports a royal family at a tremendously large 
expense, which is one of the elements of autoc- 
racy. 

It would create considerable confusion of 
thought in the medical world if we should speak 
of disease as health; if, in the realm of law, we 
should speak of crime as a contract; if, in the 
realm of nature, we should speak of a cyclone as 
a sea breeze; if, in the commercial world, we 
should speak of a bankrupt as a business success ; 
if, in the religious world, we should speak of a 
dime novel as the Bible; yet these are fair illus- 
trations to parallel the inaccuracy that prevails 
in the present-day use of governmental terms. 

The terms "republic 33 and "democracy" are 
thoughtlessly and inaccurately used almost syn- 
onomously in dictionaries, in encyclopedias and 
in political literature and discussion. This coun- 
try is frequently spoken of as a democracy, and 



The Republic 23 

yet the men who established our government 
made a very marked distinction between a repub- 
lic and a democracy, gave very clear definitions 
of each term, and said repeatedly and emphati- 
cally that they had founded a republic. 

Surely no one has more valid authority to use 
governmental terms, or to make definitions of 
those terms, than the men who evolved the best 
form of government the world has ever known. 
The statements of Hamilton and Madison, who 
were designated as the spokesmen and inter- 
preters of the work of the Constitutional Con- 
vention, make it absolutely clear that the founders 
of the republic had in mind a very marked dis- 
tinction between these two forms. In The Fed- 
eralist Madison says: 

"What, then, are the distinctive characters of 
the republican form? Were an answer to this to 
be sought, not by recurring to principles, but in 
the application of the term by political writers, 
to the constitutions of different states, no satis- 
factory one would ever be found. Holland, in 
which no particle of the supreme authority is de- 
rived from the people, has passed almost univer- 
sally under the denomination of a republic. The 
same title has been bestowed on Venice, where 
absolute power over the great body of the people 
is exercised, in the most absolute manner, by a 



24 Back to the Republic 

small body of hereditary nobles. Poland, which 
is a mixture of aristocracy and monarchy in their 
worst forms, has been dignified with the same ap- 
pellation. The government of England, which 
has one republican branch only, combined with 
an hereditary aristocracy and monarchy, has, 
with equal impropriety, been frequently placed 
on the list of republics. These examples, which 
are nearly as dissimilar to each other as to a gen- 
uine republic, show the extreme inaccuracy with 
which the term has been used in political dis- 
quisitions." 

The above quotation indicates how forcefully 
Madison called attention to the gross misuse of 
the word "republic" in his day. He was very 
jealous of the use of the term. He was extremely 
conscious and justly proud of having played an 
important part in helping to found the first 
republic of history. He knew the difference be- 
tween an autocracy and a republic and he ob- 
jected to having autocracies spoken of as repub- 
lics. 

He also understood quite clearly the difference 
between a republic and a democracy. Again, in 
The Federalist, he said : 

"Hence it is that such democracies have ever 
been spectacles of turbulence and contention; 
have ever been found incompatible with personal 



The Republic 25 

security or the rights of property, and have in 
general been as short in their lives as they have 
been violent in their deaths. Theoretic politi- 
cians, who have patronized this species of govern- 
ment, have erroneously supposed that by reducing 
mankind to a perfect equality in their politi- 
cal rights, they would, at the same time, be per- 
fectly equalized and assimilated in their profes- 
sions, their opinions and their passions. ... A 
republic, by which I mean a government in which 
the scheme of representation takes place, opens 
a different prospect, and promises the cure for 
which we are seeking. . . . The two great points 
of difference between a democracy and a repub- 
lic are, first, the delegation of the government, 
in the latter, to a small number of citizens elected 
by the rest ; secondly, the greater number of citi- 
zens and extent of territory which may be 
brought within the compass of republican than 
of democratic government. . . . The effect of 
the first difference is, on the one hand, to refine 
and enlarge the public views, by passing them 
through the medium of a chosen body of citizens, 
whose wisdom may best discern the true interest 
of their country, and whose patriotism and love 
of justice will be least likely to sacrifice it to 
temporary or partial considerations. Under 
such a regulation it may well happen that the 



26 Back to the Republic 

public voice, pronounced by the representatives 
of the people, will be more consonant to the pub- 
lic good than if pronounced by the people them- 
selves, convened for the purpose. . . . Hence, 
it clearly appears that the same advantage which 
a republic has over a democracy consists in the 
substitution of representatives whose enlightened 
views and virtuous sentiments render them su- 
perior to local prejudices and to schemes of in- 
justice. ... In fine, it consists in the greater 
obstacles opposed to the concert and accomplish- 
ment of the secret wishes of an unjust and inter- 
ested majority. ... If we resort for a criterion 
to the different principles on which different 
forms of government are established, we may de- 
fine a republic to be, or at least may bestow that 
name on, a government which derives all its 
powers directly or indirectly from the great body 
of the people, and is administered by persons 
holding their offices during pleasure, for a limited 
period, or during good behavior. . . . The true 
distinction between these forms is that in a democ- 
racy the people meet and exercise the govern- 
ment in person. In a republic they assemble and 
administer it by their representative agents. . . . 
The first question that offers itself is whether the 
general form and aspect of the government be 
strictly republican? It is evident that no other 



The Republic 27 

form would be reconcilable with the genius of the 
American people." 

On September 18th, 1803, Hamilton wrote to 
Pickering: 

"The plan of a constitution which I drew up 
while the convention was sitting, and which I 
communicated to Mr. Madison, . . . was predi- 
cated upon these bases : 

"1. That the political principles of the people 
of this country would endure nothing but repub- 
lican government. 

"2. That in the actual situation of the country 
it was in itself right and proper that the republi- 
can theory should have a full and fair trial. 

"3. That to such a trial it was essential that 
the government should be so constructed as to 
give all the energy and stability reconcilable with 
the principles of that theory. 

"These were the genuine sentiments of my 
heart, and upon them I acted." 

In his great and exhaustive work on "Politi- 
cal Science and Constitutional Law," John W. 
Burgess, after analyzing minutely the forms of 
government of the four leading countries, makes 
the following deductions: 

"I do not believe it is Utopian to predict that 
the republican form will live after all other forms 
have perished. . . . It is a hazardous venture to 



28 Bach to the Republic 

prophesy what the form of the future will be. It 
seems to me, however, that that form will be a 
republic. ... It seems to me evident that the 
destiny of history is clearly pointing to the 
United States as the great world organ for the 
modern solution of the problem of government 
as well as of liberty." 

Article 4, Section 4, of the Constitution pro- 
vides: "The United States shall guarantee to 
every State in this Union a republican form of 
government." It is inconceivable that the 
Fathers would guarantee a republican form of 
government to every State in the Union without 
the absolute intent of providing that same form 
of government for the nation. 

It would seem that the founders of this repub- 
lic, after a careful survey of the governments of 
history, concluded that autocracy resulted in 
tyranny and democracy merged into mobocracy, 
and they strove to avoid the dangerous extreme 
of either tyranny or mobocracy by establishing 
the golden mean and founding a republic. 

The new form of government provided for by 
the Constitution and evolved in 1788 A.D. was 
the first republic the world had ever known, and 
it may be clearly defined as follows : 

A republic is a form of government under a 
constitution which provides for the election of 



The Republic 29 

(1) an executive and (2) a legislative body, who, 
working together in a representative capacity, 
have all power of appointment, all power of leg- 
islation, all power to raise revenues and appro- 
priate expenditures, and are required to create 

(3) a judiciary to pass upon the justice and le- 
gality of their governmental acts and to recognize 

(4) certain inherent individual rights. 

Take away any one or more of those four ele- 
ments and you are drifting into autocracy. Add 
one or more to those four elements and you are 
drifting into democracy. 

In an autocracy authority is derived through 
heredity, regardless of character, capacity or 
conduct. Rulers are chosen by virtue of their 
membership in the royal family; the people have 
no choice in their selection. 

In a democracy authority is derived through 
mass-meeting, the initiative, the referendum, in- 
structed delegates, or any other form of direct 
popular expression. 

In a republic authority is derived through the 
election by the people of public officials to repre- 
sent them. 

The attitude of autocracy toward property is 
feudalistic. This is unjust and results in pro- 
test, and finally in rebellion, on the part of the 
people. 



30 Back to the Republic 

The attitude of democracy toward property 
is communistic or socialistic. This negates prop- 
erty rights and results in chaos, mobmindedness 
and riot, finally terminating in destruction of the 
very property itself. 

The attitude of the republic toward property is 
that of individual ownership, resulting in thrift, 
respect for law, individual rights, and orderly, 
sensible, economic procedure. 

The attitude of autocracy toward law is that 
the will of the royal ruler shall prevail, regard- 
less of reason or consequences. 

The attitude of democracy toward law is that 
the will of the majority shall prevail, regardless 
of whether it be based upon deliberation or is 
governed by passion, prejudice and impulse, 
without restraint or regard to consequences. 

The attitude of the republic toward law is the 
administration of justice in accord with fixed 
principles and established evidence and with 
strict regard to consequences. 

There is no such thing as a representative de- 
mocracy. To use that expression is equivalent to 
speaking of a "temperate drunkard." The very 
essence of democracy is that the people speak di- 
rect. There is no such thing as a "democratic re- 
public. 33 To use that expression is equivalent to 
speaking of "gluttonous nourishment." The very 



The Republic 31 

essence of a republic is that the people speak 
through representatives. If there is such a thing 
as a democratic republic, what other kinds of re- 
publics are there? There is no such thing as a 
democratic autocracy. To use that expression is 
equivalent to speaking of gluttonous starvation. 

This line of reasoning will be clarified in the 
following chapter on "The Golden Mean. 33 

The expressions "representative democracy," 
"democratic republic 33 and "democratic autoc- 
racy" are among the most dangerous and mis- 
leading in current use. 

The only qualifying terms that can properly 
be used to describe an autocracy or a democracy 
are bad, worse, worst. There are no good ones. 
The only qualifying terms that can properly be 
used to describe a republic are good, better, best. 
When a republic ceases to be good it is no longer 
a republic; it has merged into either a democracy 
or an autocracy. Just as in the realm of food 
the only qualifying adjectives that can be used 
to describe starvation or gluttony are bad, worse, 
worst, the only qualifying adjectives that can 
be used to describe nourishment are good, better, 
best. When nourishment ceases to be good, it 
has merged into either starvation or gluttony. 

England today is known as an autocracy with 
a mixed government. It has some of the ele- 



32 Bach to the Republic 

ments of a republic and some of the elements 
of a democracy. The unwritten constitution, the 
existence of the royal family, even though some- 
what muzzled, the House of Lords, and the lim- 
itation on the reviewing of legislation by the 
courts, are all elements of autocracy. The House 
of Commons is a republican branch. The mer- 
curial method of changing the cabinet in haste, 
on the impulse of the moment, at the behest of 
the mob spirit, is of the essence of democracy. 

France is a democracy with a mixed govern- 
ment containing some republican elements and 
some of the elements of an autocracy. 

Almost all of the autocracies and democracies 
of the world have mixed governments; that is to 
say, they have modified the form to include ele- 
ments of one or both of the two other forms. 

The first republic the world had known was the 
republic of the United States, which, until we 
began modifying it, was a true republic. 

We should return at once, with all of the hu- 
mility and penitence of the prodigal son, to a 
strict and literal adherence to the republic, the 
golden mean between autocracy and democracy, 
and encourage the people of each of the other 
countries of the world to go forward from the 
form of government that they now have to a 
republic. 



Chapter III 

THE GOLDEN MEAN 

HpHE golden mean is a concept almost as old 
as humanity itself. Confucius wrote inter- 
estingly about the mean. Horace gave express- 
ion to the phrase "aurea me&iocritas." 

The mean that is golden is that middle point 
or degree in any quality, state or activity which 
avoids the dangers or errors of either extreme by 
the striking of a well balanced medium. 

In the study of any science or of any problem 
we can learn much by observing the laws of na- 
ture. If in sowing grain we use too little seed, 
the crop will be small. If sufficient is sowed, the 
best possible crop will result. If too much is 
sowed, there will be no mature crop, because the 
plants will be too crowded to secure the proper 
nourishment, light and air. Again, if too little 
moisture falls upon the soil, you have a drought 
and little crop; if sufficient moisture, the best 
crop; if too much moisture, the field is flooded, 
the plants rot, and you have no crop. 

In no sphere of activity do we find the dangers 
of the two extremes more disastrous, and on the 

33 



34 Back to the Republic 

other hand the value of the golden mean more 
beneficial, than in the realm of government. Too 
little participation by the people means autoc- 
racy, which results in tyranny. On the other 
hand, too much participation by the people means 
democracy, which results in mobocracy. It is 
the golden mean, the republic — the standard 
form of government, strictly and literally ad- 
hered to — which gives just the right amount of 
participation by the people in governmental af- 
fairs and causes the political plant to thrive and 
reach its best development and its full fruition. 

Aristotle made the most valuable contributions 
to political science that were made prior to the 
founding of this republic. He was the first writer 
to undertake a classification of the forms of gov- 
ernment. As a philosopher he knew that there 
must be three degrees for an accurate classifica- 
tion, and he divided government into three forms. 
He knew that there should be two extremes and 
a form corresponding to the golden mean in the 
realm of government as in other fields of activ- 
ity. He named monarchy as one extreme and 
defined it as government of one. He named de- 
mocracy as the other extreme and defined it as 
government of the masses ; but, the standard form 
not having been evolved, the golden mean not 
having been worked out in his day, he could not 



The Golden Mean 35 

include the republic as the golden mean. He was 
therefore forced in his classification to do what 
we are frequently called upon to do when we can- 
not find the thing we need — namely, to use the 
best substitute available — and in lieu of the gold- 
en mean he chose aristocracy and defined it as 
government of the minority. Aristocracy, how- 
ever, has the same elements and is of the essence 
of autocracy. It has the element of heredity, the 
element of class, the element of privilege, and 
generally the element of militarism, and deserves 
no classification separate and apart from autoc- 
racy, any more than bread deserves a classifica- 
tion separate and apart from food. 

There have been several crude classifications 
of forms of government, and a mere statement 
of them is sufficient to demonstrate how shallow 
had been the thinking upon political science pre- 
vious to the founding of this government. 

Von Mohl classified the forms of government 
as patriarchal, theocratic, despotic, classic, feudal, 
and constitutional. The classification of Von 
Mohl is an apt illustration of the loose thinking 
and inaccurate use of governmental terms. It 
results only in confusing the mind. 

Bluntschli followed the classification of Aris- 
totle and added "Idiokratie," which he defined as 
a state in which the supreme ruler is considered 



36 Back to the Republic 

to be God, or some superhuman spirit, or an idea. 
Most writers on political science since the time 
of Aristotle have followed his classification of 
forms of government, and modern writers on 
political science in the main still follow blindly 
the incorrect classification of forms of govern- 
ment suggested by Aristotle, although the found- 
ing of this republic made necessary a revision in 
order to make a correct classification. It was 
reserved for the founders of this republic,, the 
framers of the Constitution of the United States, 
to arrest the erratic swing of the pendulum of 
government and to point it to the golden mean, 
which made necessary a revision of the classifica- 
tion of Aristotle by striking out aristocracy, 
which is an essence of autocracy, and substituting 
republic, which is the mean that is golden, as fol- 
lows : 

REPUBLIC 
AUTOCRACY— ARISTOCRACY — DEMOCRACY 

This makes the correct classification of forms of 
government. 

All through the realm of nature and of human 
activity we find examples of the trinity classi- 
fication above described — the two extremes and 
the golden mean. A few of the more striking 
classifications of this character are cited below in 
order to emphasize this fundamental truth and to 



The Golden Mean 



37 



illustrate the importance and the soundness of 
the law of the golden mean. Other trinity classi- 
fications will doubtless occur to you : 



Extreme 


Golden Mean 


Extreme 


Autocracy 


REPUBLIC 


Democracy 


Tyrants 


Statesmen 


Demagogues 


Bondage 


Liberty 


License 


Oppression 


Reason 


Impulse 


Arbitrariness 


Arbitration 


Agitation 


Submission 


Contentment 


Discontent 


Coercion 


Justice 


Anarchy 


Reaction 


Progress 


Chaos 


Feudalism 


Property rights 


Socialism 



You will observe from these classifications 
that the results of autocracy and democracy are 
undesirable extremes, and that the results of a 
republic are desirable golden means. 

Autocracy results in tyranny, bondage, op- 
pression, arbitrariness, coercion, submission, re- 
action. 

Democracy results in demagogism, license, 
impulse, agitation, discontent, anarchy and 
ehaos. 

The republic, strictly and literally adhered to, 
results in statesmanship, liberty, reason, arbitra- 
tion, justice, contentment and progress. 



It is interesting to note how this natural law of 
the golden mean works in other fields of activity 



88 Bach to the Republic 

and illustrates the application of the law to forms 
of government: 



Extreme 


Golden Mean 


Extreme 


Skepticism 


Reverence 


Fanaticism 


Polygamy 


Monogamy 


Promiscuity 


(Starvation 


Nourishment 


Gluttony 


Thirst 


Temperance 


Drunkenness 


Stupidity 


Intelligence 


Insanity 


Monotone 


Harmony 


Discord 


Three or less 


Four wheels 


Five or more 


Hibernation 


Rest 


Insomnia 


Darkness 


Light 


Dazzle 


Drought 


Moisture 


Flood 



What skepticism is to religion, autocracy is to 
government; what fanaticism is to religion, de- 
mocracy is to government ; what reverence or wor- 
ship is to religion, the republic is to government. 

Polygamy, which means plural marriage, is to 
the domestic world what autocracy is to govern- 
ment; promiscuity, or free love, is to the domestic 
world what democracy is to government ; monog- 
amy, one man and one woman lawfully wedded, 
producing legitimate children and serving as a 
unit in society, is to the domestic world what the 
republic is to government. 

In the world of food, starvation is to the indi- 
vidual what autocracy is to government: the 
aspirations of the people are starved. What glut- 
tony is to the individual, democracy is to gov- 



The Golden Mean 39 

ernment: it does not function. What nourish- 
ment is to the individual, the republic is to govern- 
ment. 

In the matter of drink, what thirst is to the in- 
dividual, autocracy is to government; what 
drunkenness is to the individual, democracy is to 
government; what temperance is to the individ- 
ual, the republic is to government. 

What the monotone is to music, autocracy is 
to government ; what discord is to music, democ- 
racy is to government; what harmony is to music, 
the republic is to government. 

What stupidity is to thought, autocracy is to 
government ; what insanity is to thought, democ- 
racy is to government; what intelligence is to 
thought, the republic is to government. 

What hibernation is to sleep, autocracy is to 
government; what insomnia is to sleep, democ- 
racy is to government; what rest is to sleep, the 
republic is to government. 

What darkness is to the sight, autocracy is to 
government ; what dazzle is to the eye, democracy 
is to government ; what light is to the eye, the re- 
public is to government. 

What drought is to the soil, autocracy is to gov- 
ernment; what a flood is to the soil, democracy is 
to government; what moisture is to the soil, the 
republic is to government. 



40 Back to the Republic 

What three wheels or less are to transporta- 
tion, autocracy is to government; what five 
wheels or more are to transportation, democracy 
is to government; what four-wheel vehicles are 
to transportation, the republic is to government. 

You will observe that in the above classifica- 
tions the golden mean is always an accurate, def- 
inite thing, while the extremes are variable, inac- 
curate things. For example, it is starvation 
whether an individual is deprived of food for sev- 
eral days or several weeks ; the longer the period 
of time, the more extreme the starvation. It is 
gluttony whether one eats an overabundance of 
food or several times the needed amount, and the 
greater the abundance of food, the more extreme 
the gluttony; but nourishment, the golden mean, 
is a definite thing with fixed limitations — just 
enough. 

If one is deprived of drink for a day, or sev- 
eral days, it is thirst, and the longer the time, the 
more extreme the thirst. One may drink too many 
glasses or too many quarts; the result will be 
drunkenness in some degree; and the greater the 
excessive amount, the more extreme the drunken- 
ness: but temperance, the golden mean, is a def- 
inite thing with fixed limitations. 

Polygamy consists in the marriage of one man 
to two or more wives. The number may be five, 



The Golden Mean 41 

seven, ten, seventeen, or any other plural num- 
ber; the larger the number, the more extreme the 
polygamy. Promiscuity consists of ignoring the 
institution of marriage and forming domestic 
relationships with one or more "affinities," which 
results in illegitimate children and chaos in so- 
ciety; the more numerous the "affinities," the 
more extreme the promiscuity; but the monoga- 
mous marriage is a definite thing with fixed limi- 
tations: one man and one woman lawfully 
wedded, producing legitimate children and serv- 
ing as a unit in society. Add one or more wives 
and you have polygamy; one or more affinities, 
and you have promiscuity. 

The above classifications and illustrations are 
scientific and in accord with truth and common 
sense. Just so in forms of government. The 
republic is a definite, accurate thing with fixed 
limitations. Take away one or more of the four 
elements of a republic, and you have some degree 
of autocracy. Add one or more to the four 
elements of a republic, and it merges into democ- 
racy. 

The law of degree also applies to forms of 
government. The more extreme the autocracy, 
the more vicious the government; and, on the 
other hand, the more extreme the democracy, 
the more vicious the government: but the more 



42 Back to the Republic 

strictly and literally the republic is adhered to, 
the better the government. 

Frequently you hear people say that the more 
popular the government becomes, the better it 
becomes. That statement is as absurd and un- 
true as it would be to say that the more drink 
you give a person, the more temperate that per- 
son becomes, or the more excessive the amount 
of food you give a person, the better nourished 
that person becomes ; the more fanatical a person 
becomes, the more religious that person is; the 
more seed you sow, the better the crop. 

On every hand almost daily we hear the ex- 
pression, "Make the world safe for democracy." 
That expression is as superficial, and as impos- 
sible, and as unwise as it would be to say: "Make 
drink safe for drunkenness; make food safe for 
gluttony; make religion safe for fanaticism; 
make the social world safe for free love; make 
music safe for discord ; make justice safe for law- 
lessness; make automobiling safe for joyriding." 
It is a weak, unsound, beggarly slogan. Govern- 
ment was created to make safety, not to have 
safety made for it. 

A more effective statement would be, "Make 
the world safe through democracy," if there were 
any basis for faith in such a slogan ; but we can- 
not make the world safe for democracy, nor can 



The Golden Mean 43 

we make the world safe through democracy, be- 
cause democracy itself is one of the most dan- 
gerous things in the world. 

The proper reply to that slogan is that the first 
republic made a nation safe for the first time in 
history and helped make the world safer until 
we modified the republic by adding the elements 
of democracy. 

To discuss a governmental situation in terms 
of autocracy and democracy and ignore the re- 
public is as shallow and unscientific as it would 
be to discuss a food problem in terms of starva- 
tion and gluttony and ignore nourishment, which 
is the vital thing; or to discuss the drink problem 
in terms of thirst and drunkenness and ignore 
temperance, which is the important thing; or to 
discuss the question of human rights in terms of 
bondage and license and ignore liberty, which is 
the essential thing. 

The tendency, however, during recent years, 
of those in authority in all countries has been to 
go to one extreme or the other ; to appeal to ig- 
norance, passion, prejudice, emotion, hate and 
fear by intemperate speech, and to ignore the 
danger signals of history. There is an appalling 
need today for a knowledge and an observance 
and an application of the law of the golden mean 
in word, thought and action. 



Chapter IV 

THE STANDARD FORM 

TF YOU were asked to suggest a word that 
epitomizes in the most effective and compre- 
hensive manner the sum total of human effort 
and the achievements of civilization, what would 
your answer be? 

Undoubtedly the word "standards" 
By the processes of reasoning and experience 
in the various fields of activity and thought, 
standards have been evolved to guide mankind 
in the onward march of civilization. 

From the birth of political speculation treatises 
on politics have frequently discussed the ques- 
tion, What is the best form of government? 

The men who founded this republic answered 
that question by evolving the standard form of 
government. It is the right standard in the sci- 
ence of government, just as the Golden Rule is 
the correct standard in the philosophy of right 
living; the Ten Commandments in the realm of 
law; the ten digits in the science of mathematics; 
the alphabet in the languages ; the institution of 

44 



The Standard Form 45 

monogamous marriage in domestic relationships ; 
the clock in the realm of time; the compass as a 
guide to travel; the standards of weights and 
measures to express quantity; the yardstick as 
the unit of length ; four wheels in the domain of 
land transportation; the fish-shaped boat in the 
domain of water transportation ; gold in the mon- 
etary system, and the corporation in the field of 
business. 

How do we know that these are standards? 
Because they have been evolved through reason- 
ing and experiment and have been tested by ex- 
perience and demonstration. Nothing was dis- 
covered or evolved up to the time of their adop- 
tion that worked as well, and nothing has since 
been evolved that could be substituted for them 
with profit and universal approval. 

All of the standards above referred to except 
the standard form of government have met with 
almost universal adoption throughout the entire 
world, and it is high time that we should adhere 
strictly and literally to the republic as the stand- 
ard form of government in nation, State, county 
and city, and recommend its adoption throughout 
the world. 

It meets as severe a test as can be applied to 
any of the standards named. 

During the thousands of years of history prior 



46 Back to the Republic 

to the founding of this republic no government 
had been devised which gave to its people re- 
ligious freedom, civil liberty, freedom of speech, 
freedom of the press, security of individual 
rights, popular education or universal suffrage. 

During the first hundred years of the existence 
of this standard form of government all these 
privileges were secured. In that first century 
of our history we developed a larger galaxy of 
great statesmen (because they were working and 
thinking along standard lines) than has been de- 
veloped by all other governments in the history 
of mankind. We harmonized into a splendid 
citizenship people of many nationalities coming 
to our shores with varying ambitions and ideals. 
We stood the strain of the great Civil War and 
came out of it stronger and better. We made 
material and commercial progress that has had 
no parallel in history, and while making that 
matchless record we established for the United 
States of America the leading place among the 
nations of the world. 

All these evidences of the adaptability of the 
republic successfully to meet unlooked-for emer- 
gencies, to harmonize the incoherent elements 
from other lands, to establish the blessings of lib- 
erty, of education and of individual rights, and 
to successfully solve the problems which had baf- 



The Standard Form 47 

fled the philosophers and statesmen throughout 
the ages, are proof that the republic is not only 
the best, but the standard form of government. 

It was the first form of government that 
worked well, and no form of government has 
since been devised which has met with such uni- 
versal approval; but for some unexplainable 
reason it has not met with universal adoption. 

The delay in universal adoption is not unusual, 
but quite in accord with the experience of history. 
It is doubtful if any of the other standards, now 
universally recognized, met with immediate adop- 
tion. Their discovery in most instances was 
probably followed by a period of doubt and fur- 
ther fruitless experiment. 

The people of all ages have quite generally 
failed to recognize the merit of the work of the 
benefactors of the race and the prophets of their 
time, and have frequently paid popular homage 
to those who were finally revealed as impostors. 

They humiliated Westinghouse for discover- 
ing the airbrake. 

They laughed at Bell for discovering the 
telephone. 

They persecuted Columbus for discovering a 
new world and unfolding hidden truth. 

They made a wandering pilgrim of Confucius 
in China. 



48 Bach to the Republic 

They gave Socrates the cup of hemlock for 
philosophy now taught in our universities. 

They crucified Christ, who came to lead the 
way and set the standard of right living for all 
mankind. 

"Not understood ! 
Poor souls with stunted vision 

Oft measure giants by their narrow gauge ; 
The poisoned shafts of falsehood and derision 
Are oft employed 'gainst those who mold the age, 
Not understood!" 

The light finally dawned; the truth, although 
"crushed to earth," finally prevailed, and ulti- 
mately the importance of the work of the men 
who founded the republic will be recognized and 
understood. 

There is no reason to suppose that the framers 
of the Constitution realized the full significance 
of their work. The ultimate purport of many of 
our greatest discoveries was not fully revealed 
until long after the discoverers passed over the 
great divide. 

So the framers of the Constitution, though 
they knew that they had conscientiously pro- 
vided a form of government better suited than 
any other possible form to the need of their coun- 
try, probably did not fully realize that they, too, 
had made a discovery of universal import. There 
is no evidence that they were conscious of having 



The Standard Form 49 

established the golden mean or of having evolved 
the standard form of government. But when 
the scope of this tremendous governmental 
achievement dawns upon mankind, the republic 
will be the universal form of government every- 
where around the world, just as other standards 
and other golden means in other fields of activity 
have been universally utilized when their su- 
periority became known and acknowledged. 

Just so certain as the sphere is the standard 
form for the heavenly bodies, including the earth, 
throughout all the realm of nature, from the 
mightiest suns to the smallest planets, so sure it 
is that the republic, the golden mean, will become 
the standard form of government throughout the 
world. 

It may be urged that the republic has not 
worked perfectly. The answer is that it is not 
the fault of the form of government, but of its 
imperfect application. It has provided by far 
the best government of any form that has ever 
been devised. 

Problems in mathematics are not always 
worked correctly, but it is not the fault of the 
digits. It is the fault of imperfect application. 
Words are misspelled, but it is not the fault of 
the alphabet. We do not have perfect monetary 
systems, but it is not the fault of gold. Our rem- 



50 Back to the Republic 

edy lies not in further experiment with danger- 
ous departures, but in improving our application 
of the standard form through exercising greater 
vigilance, more discretion and better judgment 
in the selection of representatives who are to ad- 
minister the affairs of the government. One of 
the very vital tests that should be applied to pros- 
pective candidates as to their fitness is whether 
or not they understand thoroughly what this 
form of government is and the stern importance 
of adhering strictly and literally to it in nation, 
State, county and city. 

No one claims that republics are perfect — 
nothing human is perfect — but I do maintain 
that there is the same difference between a re- 
public and either a democracy or an autocracy 
that there is between good and bad. 

During a recent conversation with a gentle- 
man who is an earnest student of government 
and who for years had been a teacher of consti- 
tutional history in one of our largest universities, 
he said: "I have always been of the opinion dur- 
ing my years of thought and study and teaching 
that one form of government worked well in one 
country and another form of government in an- 
other country." I replied: "Why don't you say 
that of the clock, of the compass, of the alphabet, 
of the Golden Rule, of the ten digits, of the 



The Standard Form 51 

standards of weights and measures, or of the 
institution of marriage?" 

This standard form of government would work 
better than any other form in any country, under 
any conditions, in the midst of any people, just 
as the other standards heretofore enumerated, 
that have been universally adopted, work better 
in their various fields than anything else that has 
been devised. This standard form of govern- 
ment would work better than any other form in 
darkest Africa, densest China, chivalrous France, 
intellectual England, efficient Germany, chaotic 
Russia, serious Scandinavia, impulsive Mexico or 
anywhere else, and it will work better than any 
other form of government in any nation, State, 
county, or city, whether the population run into 
the millions or is limited to a few hundred. The 
very essence of a republic is to make possible the 
selection of the best fitted people to work out 
the problems of government in a representative 
capacity. 

The student of government further observed: 
"I have always been of the impression that the 
quality of public service depended more upon the 
intelligence of the people than upon the form 
of government." And I replied: 

"From 1776 to 1788 we were living on the 
same land, with the same sun to shine by day and 



52 Back to the Republic 

the same moon and stars to shine by night, with 
the same people, the same able men; the May- 
flower compact had been written ; the Declaration 
of Independence had been adopted ; there was a 
yearning desire to have a stable government ; but 
after operating under the Articles of Confed- 
eration for twelve years, from 1776 to 1788, we 
were in a good deal the same condition in this 
country that Russia is today. In 1788 we wrote 
the Constitution, founded the republic, and in 
twelve years we had made unbounded progress 
and won the admiration of the world because of 
our form of government." 

No better proof could be given of the great 
importance that the form of government plays 
in the welfare and progress of a people. 

It is high time that the people of the world 
should be aroused and become wide-awake to the 
tremendous truth that the vital significance of 
the work of the men who wrote the Constitution 
and founded the republic is that they evolved the 
standard form of government. 

Each individual has a threefold relationship: 
the relation to God, the relation to government, 
and the relation to society. When one acquires 
the right concept of God and the right concept 
of government, it almost assures a right relation- 
ship toward society. 



The Standard Form 53 

To my mind the most important event that has 
occurred since creation was the coming of Christ, 
for he came to establish the standard of right liv- 
ing for all mankind. The next most important 
event was the founding of this republic under 
the Constitution, because it provided for the 
standard form of government. 



Chapter V 

THE CONSTITUTION 

ANY books have been written upon the 
Constitution and many eloquent and de- 
served tributes have been paid to it; but there 
have been comparatively few brief, clear, accurate 
statements telling just what the Constitution is 
and what it contains. 

Many have come to regard the wording, the 
style and the tradition of the Constitution as al- 
most sacred, but to my mind the most sacred 
thing about the Constitution is that it embraces 
just four elements: (1) An executive and (2) a 
legislative body, who, working together in a rep- 
resentative capacity, have all power of appoint- 
ment, all power of legislation, all power to raise, 
and expend money, and who are required to do 
just two things: (3) to create a judiciary to pass 
upon the justice and legality of their govern- 
mental acts and (4) to recognize certain inherent 
individual rights. 

It has been the general custom of writers to 
divide our government into three departments, 

54 



The Constitution 55 

but the element of inherent individual rights is 
as essential to the other three departments as the 
fourth wheel of a standard vehicle is to the other 
three wheels in the domain of transportation. 
The more additional wheels you add to the stand- 
ard four-wheel vehicle, the more useless and con- 
fusing the vehicle would become; likewise, the 
more additional elements you add to the four 
elements provided for by the Constitution, the 
more useless and confusing the government be- 
comes. The executive, legislative and judicial 
branches should be guided, controlled and pro- 
tected by individual rights. All the people are 
entitled to the enjoyment and protection of indi- 
vidual rights guaranteed by the Constitution. No 
one of the four elements is more important than 
the element of individual rights, but there is evi- 
dence that we are in danger of forgetting and 
violating this all-absorbing, gravely important 
fundamental fact. 

The Constitution provides a system of checks 
and balances. The executive can veto an action 
of the majority of the legislative body, but the 
legislative body can override the veto of the ex- 
ecutive by a two-thirds vote ; so they have a check 
and balance upon each other. 

The judiciary is required to recognize indi- 
vidual rights, and individual rights are dependent 



56 Back to the Republic 

upon the judiciary for their interpretation; so 
they have a check and balance upon each other. 

The judiciary passes upon the justice and 
legality of the acts of the executive and the leg- 
islative body, and the executive and the legis- 
lative body have the appointive power and have 
the power to remove for lack of good behavior; 
so they have checks and balances upon each other. 

Individual rights must be recognized by the 
executive and the legislative body and are de- 
pendent upon the executive and the legislative 
body for enforcement; so there are checks and 
balances between the individual rights and the 
executive and legislative branches. 

Let me illustrate it in the diagram on the fol- 
lowing page. Assume that the executive and the 
legislative body are the front wheels of a govern- 
mental vehicle, and the check and balance be- 
tween them the axle that connects them ; that the 
judiciary and individual rights are the hind 
wheels, and the check and balance is represented 
by the axle between them; and that the reach 
connecting the two axles represents the checks 
and balances between the four elements. 

The diagram indicates clearly just what the 
Constitution is and all that it contains. That is 
the four-wheeled vehicle provided for by the Con- 
stitution. It was the first and only governmental 



The Constitution 



57 




Axle 



Check & Balance 



( JUDICIARY [ 




Check 6 Balance 



-/ INDIVIDUAL \ 



Diagram of the Constitution 

The organic law on which was founded the first sound 
government in history: the republic — the golden mean — the 
standard form. 



58 Back to the Republic 

vehicle ever conceived by the mind of man that 
was able to bear safely the burdens of human lib- 
erty and individual rights. That is the standard 
form, the golden mean, the republic, in the science 
of government, just as four wheels constitute 
the standard, the golden mean, in the domain of 
transportation. It is comparatively simple to 
figure out what would happen in the domain of 
transportation if we should try to work out the 
problem of transportation on three wheels or less, 
or five wheels or more. It would merely result 
in confusion and failure to work out the problem. 
That identical thing happens in government. 
When you take away one or more of the four 
elements you have autocracy. When you add 
one or more to the four elements you have de- 
mocracy. This accounts for the comparatively 
slight progress which was made toward the solu- 
tion of the problems of government during all 
the thousands of years prior to 1788 A.D. The 
pendulum was swinging back and forth from the 
extreme of autocracy, with its attendant evils, to 
the extreme of democracy with its attendant 
evils. The reason we made great progress for a 
century and a quarter following the adoption of 
the Constitution and founding of the republic 
is that we followed quite closely the plan of creat- 
ing and utilizing those four elements in the na- 



The Constitution 59 

tion, and to some degree in the various States; 
and foreign countries were partially utilizing the 
lessons taught through the Constitution and the 
founding of the republic. Departures from the 
republic account for the complications and retro- 
gressive tendencies of recent years. 

The next most sacred thing about the Consti- 
tution is that it provided that the people could do 
two things only : first, vote for President once in 
four years; second, vote for a member of Con- 
gress from their district once in two years. You 
may read and reread the Constitution, and you 
cannot find another thing that the people are per- 
mitted to do. The Constitution provides for 
absolutely strict representative government and 
gives the people no voice in the solution of gov- 
ernmental problems save that of electing repre- 
sentatives to work out the problems. In other 
words, the Constitution applies the same common 
sense and judgment to working out the problems 
of government that is applied in other fields of 
activity in working out other problems. 

This is wise, because the human race is so en- 
dowed by Providence that a small percentage of 
the people have more natural artistic ability than 
the remaining larger percentage ; a small percent- 
age of the people have more natural musical abil- 
ity than the remaining larger percentage ; a small 



60 Back to the Republic 

percentage of the people have more natural in- 
ventive ability than the remaining larger per- 
centage; a small percentage have more natural 
medical ability than the remaining larger per- 
centage; a small percentage of the people have 
more natural educational ability than the remain- 
ing larger percentage ; a small percentage of the 
people have more natural theological ability than 
the remaining larger percentage; a small percent- 
age of the people have more natural mechanical 
ability than the remaining larger percentage; a 
small percentage of the people have more natural 
agricultural ability than the remaining larger 
percentage, and a comparatively small percent- 
age have greater governmental ability than the 
remaining larger percentage. 

Under the Constitution it was assumed that 
just as we select people with musical talent to 
give concerts, people with artistic talent to paint 
pictures, people of inventive ability to provide 
inventions, people of educational ability as teach- 
ers, people of theological ability as preachers, an 
architect to plan and supervise the construction 
of a building, a surgeon to perform an operation, 
an engineer for engineering work, just so the 
people would elect men of governmental ability 
to executive and legislative positions and permit 
them, in a representative capacity, to work out 



The Constitution 61 

the varied and oftentimes perplexing problems 
of government. 

It is not a popular statement, but it is a fun- 
damental fact, that the people generally know 
comparatively little about governmental prob- 
lems. While this statement is widely at variance 
with the vociferous contentions of the dema- 
gogue, it is a truth that the founders of the re- 
public thoroughly recognized, and they acted in 
accordance therewith. 

To summarize, the Constitution provides for 
(1) an executive and (2) a legislative body and 
defines their qualifications and powers. It re- 
quires them to appoint (3) a judiciary and to 
recognize (4) certain inherent individual rights, 
and it defines the powers of the judiciary and 
enumerates the individual rights. It also pro- 
vides that the people may vote once in four years 
for the executive and once in two years for mem- 
bers of the legislative body. 

The Constitution was far from perfect. The 
Electoral College as a method of electing the 
President is an awkward creation that could be 
much improved. The enumeration of inherent 
individual rights was incomplete, and the classi- 
fication and arrangement of them could be im- 
proved. There were other imperfections that 
detracted, but it did provide for just the four 



62 Back to the Republic 

elements that are necessary to make a republic, 
and that is its mighty virtue. 

Of the men who framed the Constitution Mr. 
Thorpe, in his great work on the Constitutional 
History of the United States, says : 

"Profound knowledge of all early plans of 
government of which history has record pre- 
pared them to take up the arduous civil problem 
before them." 

After reading the Constitution the great Glad- 
stone said: 

"It is the greatest piece of work ever struck 
off at a given time by the brain and purpose of 
man." 

Gladstone must have been convinced that it 
provided for the best form of government ever 
conceived by the mind of man. 

The world-famed William Pitt, when he read 
it, exclaimed: 

"It will be the wonder and admiration of all 
future generations and the model of all future 
constitutions." 

Dictionaries use the words "model" and 
"standard 33 synonymously. It would seem that 
Pitt must have foreseen what this book is trying 
to make clear. His was an exclamation of joy be- 
cause of the mighty achievement of the founders 
of this republic, but if Pitt could return to earth 



The Constitution 63 

and read the constitutions of Ohio, Oklahoma 
and other States and note our numerous depart- 
ures from the Constitution, he would recognize 
his prophecy as false and breathe a sigh of regret. 

In his remarkable book, "Why Should We 
Change Our Form of Government?" which, in 
my opinion, is the most masterly treatise on gov- 
ernment that has been published during the twen- 
tieth century, Nicholas Murray Butler declares: 

"The making of the American Constitution 
was a stupendous achievement of men who 
through reading, through reflection, through in- 
sight, and through practical experience, had fully 
grasped the significance of the huge task to which 
they devoted themselves, and who accomplished 
that task in a way that has excited the admiration 
of the civilized world. Those men built a rep- 
resentative republic; they knew the history of 
other forms of government ; they knew what had 
happened in Greece, in Rome, in Venice and in 
Florence; they knew what had happened in the 
making of the modern nations that occupied the 
continent of Europe. Knowing all this, they de- 
liberately, after the most elaborate debate and 
discussion both of principles and details, pro- 
duced the result with which we are so familiar. 
■ . . This government was founded by men 
whose minds were fixed upon the problems in- 



64 Bach to the Republic 

volved in the creation of political institutions. 
They were thinking of liberty, of representative 
government, of protection against tyranny and 
spoliation, and of ways and means by which pub- 
lic opinion might, in orderly fashion, express 
itself in statute laws, in judicial judgments and 
in executive acts. The task of the founders was 
a political task, and with what almost superhu- 
man wisdom, foresight and skill they accom- 
plished it, is recorded history. ... It is a note- 
worthy and singular characteristic of our Amer- 
ican government that the Constitution provides 
a means for protecting individual liberty from 
invasion by the powers of government itself, as 
well as from invasion by others more powerful 
and less scrupulous than ourselves. The prin- 
ciples underlying our civil and political liberty 
are indelibly written into the Constitution of the 
United States, and the nation's courts are insti- 
tuted for their protection. . . . 

"The representative republic erected on the 
American continent under the Constitution of 
the United States is a more advanced, a more 
just and a wiser form of government than the 
socialistic and direct democracy which it is now 
proposed to substitute for it. . . . To put the 
matter bluntly, there is under way in the United 
States at the present time a definite and deter- 



The Constitution 65 

mined movement to change our representative 
republic into a socialistic democracy. That at- 
tempt, carried on by men of conviction, men of 
sincerity, men of honest purpose, men of patriot- 
ism, as they conceive patriotism, is the most im- 
pressive political factor in our public Life of 
to-day. . . . This attempt is making while we 
are speaking about it. It presents itself in many 
persuasive and seductive forms. It uses attract- 
ive formulas to which men like to give adhesion ; 
but if it is successful, it will bring to an end the 
form of government that was founded when our 
Constitution was made and that we and our 
fathers and our grandfathers have known ami 
gloried in. 

"We began the destruction of the fundamental 
principles of representative government in this 
country when we reduced the representative to 
the position of a mere delegate ; when we began, 
as is now quite commonly the case, to instruct 
a representative as to what he is to do when 
elected ; when we began to pledge him, in advance 
of his election, that if chosen he will do certain 
things and oppose others — in other words, when 
we reduced the representative from the high, 
splendid and dignified status of a real represen- 
tative chosen by his constituency to give it his 
experience, his brains, his conscience and his best 



66 Back to the Republic 

service, and made him a mere registering machine 
for the opinion of the moment, whatever it might 
happen to be." 

That is a remarkably strong statement of what 
our heritage was and a solemn warning against 
the dangers toward which we have been drifting. 

During an address on "The Constitution be- 
tween Friends" delivered before the Missouri 
Bar Association at Kansas City, Missouri, Sep- 
tember 26th, 1913, Henry D. Estabrook paid a 
magnificent tribute to the Constitution as 
follows : 

"And so, on this great continent, which God 
had kept hidden in a little world — here, with a 
new heaven and a new earth, where former things 
had passed away, the people of many nations, of 
various needs and creeds, but united in heart and 
soul and mind for the single purpose, builded an 
altar to Liberty, the first ever built, or that ever 
could be built, and called it the Constitution of 
the United States. . . . 

"O marvelous Constitution! Magic parchment, 
transforming word, maker, monitor, guardian of 
mankind! Thou hast gathered to thy impartial 
bosom the peoples of the earth, Columbia, and 
called them equal. Thou hast conferred upon 
them imperial sovereignty, revoking all titles but 
that of man. Native and exotic, rich and poor, 



The Constitution 67 

good and bad, old and j r oung, the lazy and the 
industrious, those who love and those who hate, 
the mean and lowly, the high and mighty, the 
wise and the foolish, the prudent and the im- 
prudent, the cautious and the hasty, the honest 
and the dishonest, those who pray and those who 
curse — these are 'We, the people of the United 
States' — these are God's children — these are thy 
rulers, O Columbia. Into our hands thou hast 
committed the destinies of the human race, even 
to the omega of thine own destruction. And all 
thou requirest of us before we o'erstep boun- 
daries blazed for guidance is what is required of 
us at every railroad crossing in the country: 
'Stop. Look. Listen.' Stop and think. Look 
before and after and to the right and left. Lis- 
ten to the voice of reason and to the small, still 
voice of conscience. . . . 

"If the zealot, impatient of the wise caution 
and delay enjoined by the Constitution, would 
break down its barriers to hasty action, he should 
be compelled, if only as a penance, to study the 
Constitution and to know all the circumstances 
out of which it grew, the quality of the men who 
fashioned it, as well as the quality of the work 
accomplished by them. He should be taught 
these things in school. We have deposed the 
Bible in our public schools ; would any American 



68 Back to the Republic 

object if we substituted the Constitution? Why 
should our schools have a 'Flag Day'? Why 
should a teacher point her pupil to the flag and 
the stars enskied in it, as the symbol of human 
liberty, without telling him of the tremendous 
Law that put each star in its place and keeps it 
there? I would fight for every line in the Con- 
stitution as I would for every star in the flag, 
for flag and Constitution will live or die to- 
gether. . . . 

"I know not if the times are ripe, or if events 
are merely gathering to a head; but soon there 
must come someone — some Washington in the 
field or some Marshall in the forum — who will 
sound a trumpet that will once more rally us to 
the defense of the Law." 

Events have gathered to a head in this the 
greatest of all war crises. The time is ripe for 
the people of the world to understand that the 
Constitution provided for the four elements that 
constitute a republic and for nothing more. In 
this book I am trying "to sound a trumpet" that 
will rally us to a clearer understanding and a 
more accurate use of governmental terms, which 
is the all-important first step toward the "defense 
of the Law," getting back to the republic and 
grappling wisely and successfully with this grave 
international question. 



Chapter VI 

DANGEROUS EXPERIMENTS 

A LL variations from a strict and literal adher- 
ence to the plan and form of government 
provided by the Constitution have been dangerous 
experiments to this country and mischievous in 
their influence upon the world, and every evil 
from which we suffer governmentally today can 
be traced directly to a departure from the Con- 
stitution. 

Our most serious departure and variance 
from the standard form of government was be- 
gun when the people of the various States failed 
to follow the plan of the Federal Constitution 
and included in their constitutions material, that 
properly should have been statutory enactments, 
and when they provided in the State constitutions 
for the election of officials other than the execu- 
tive and members of the legislative body. 

The election of any official by popular vote, 
aside from the executive and members of the leg- 
islative body, is a violation and a dangerous ex- 
periment which has brought disastrous results 

69 



70 Back to the Republic 

throughout the States. The moment that the 
people take it upon themselves to elect heads of 
departments and officials other than the execu- 
tive and members of the legislative body, they 
release the executive and legislative body from 
full responsibility for the quality of public serv- 
ice. It has been done to some extent in all of 
the States and was the first fatal step in merging 
the State governments, from republics, as guar- 
anteed by the Constitution, toward democracies, 
resulting in useless expenditures, excessive leg- 
islation and chaotic administration. 

How long do you think this government would 
have lasted if the Constitution had provided for 
the election of the judges of the Federal courts, 
or for the election of members of the Cabinet who 
serve as heads of departments ? 

That departure and experiment is responsible 
for all forms of the long ballot instead of the 
short ballot provided for by the Constitution and 
for which we are now clamoring, while at the 
same time making it impossible; responsible for 
the expenditure of billions of dollars in money, 
and responsible for our having now and having 
had since the time of our departure from the 
constitutional plan much less competent men in 
the public service than if we had adhered to the 
standard form and permitted the executive and 



Dangerous Experiments 71 

legislative body in the State, county and city to 
appoint the judiciary and all other officials. 

It is a gross error to provide for the election of 
judges under any form of government. There 
is no issue that a candidate for judge can raise 
in a campaign. The very name of the office 
means that he is to decide matters in accordance 
with the law and the evidence. 

Our Federal judiciary, which is appointed, has 
been much better and stronger than it would have 
been had the Constitution provided for its elec- 
tion. As a proof of this, several States where 
the judiciary is appointed have a higher grade 
of judges who do a much better quality of work 
than is done in States where judges are elected. 

Why should an aspirant for attorney general 
go before the people and discuss the kind of opin- 
ions that will be rendered ? Opinions should and 
must be based upon the law and facts. 

Why should a candidate for State, county or 
city treasurer go before the people and discuss 
the custody of public funds? It is a self-evident 
proposition that public funds should be ac- 
counted for honestly. 

Why should a candidate for auditor, clerk or 
recorder go before the people and discuss how 
accounts or records will be kept? There is only 
one way to keep records, and that is accurately. 



72 Back to the Republic 

Why should a candidate for prosecuting at- 
torney, or sheriff, or county coroner make a cam- 
paign ? These officials are generally placed under 
obligations during the campaign that lessen the 
efficiency of their service after election. 

The appointment of every board that has 
ever been named since the Constitution was 
adopted marks a departure from the standard 
form of government and a dangerous experi- 
ment, and the existence of all boards has served 
merely to increase expenses, lessen the efficiency 
of public service and confuse the administration 
of government. 

Alexander Hamilton, to whom we owe more 
than to any other single individual for the stand- 
ard form of government, and to whom the world 
owes more than to any one else for enlightenment 
in the field of political science, sounded a warn- 
ing note when this dangerous experiment was 
first instituted in this country. He said: 

"Lately Congress . . . have gone into the 
measure of appointing boards, but this, in my 
opinion, is a bad plan. 3 * 

All commissions that have been appointed 
since the Constitution was adopted were depar- 
tures and dangerous experiments, and their ex- 
istence has resulted in the expenditure and waste 
of billions of dollars, lessened the efficiency of 



Dangerous Experiments 73 

public service, and confused governmental pro- 
cedure. 

Abraham Lincoln, to whom we owe more than 
to any other single individual for the preserva- 
tion of the repnhlic, expressed in no uncertain 
terms his opinion of boards and commissions. 
Just before Lincoln started for the Ford The- 
ater, on the night of his assassination, Mr. Ash- 
mun, who had presided over the convention of 
1860, in which Lincoln was nominated for Presi- 
dent, called at the White House. He told Mr. 
Lincoln that he still had the gavel which he had 
wielded in that convention, and after a few mo- 
ments' conversation, he said: "Mr. Lincoln, I am 
interested in a cotton claim, and I want you to 
appoint a commission to investigate the matter 
and report." Lincoln replied, with so much 
earnestness and warmth that he afterwards apol- 
ogized to Mr. Ashmun for his abrupt manner: 

"Ashmun, I have done with commissions. I 
think they are contrivances to cheat the gov- 
ernment' 3 

I am glad that Lincoln uttered those words in 
the very ripeness of his experience, the maturity 
of his judgment and the fullness of his wisdom. 
It was Lincoln's last expression concerning gov- 
ernment, and I think by far the most important 
of all his great utterances. Would that these 



74 Bach to the Republic 

words might be displayed all over the world in 
letters of gold by day and with moving electric 
lights by night as the last solemn warning of the 
mighty Lincoln against the wholesale appoint- 
ment of commissions, which is one of the evil 
tendencies of the present time. 

As people come to know that Lincoln spoke 
those words and come to understand the full pur- 
port of their meaning, the spirit of the great 
Emancipator will live on, freeing the world from 
a dangerous experiment that is weakening the 
effectiveness of our government and undermin- 
ing the efficiency of other governments through- 
out the world. 

It would take many large volumes to review 
the expenditures and failures of the various 
boards and commissions that are gradually 
wrecking the republic. 

The Inter- State Commerce Commission was 
heralded as an innovation that was to do great 
things. Its net result has been the expenditure 
of millions of dollars wastefully while it made 
unreasonable rulings that retarded the extension, 
of railroad tracks and the building of cars, so that! 
today the service does not meet the demand. Sev- 
eral roads have been wrecked and innocent in- 
vestors have lost their money. Confidence has 
been shaken in railroad securities so that they are 



Dangerous Experiments 75 

a drug upon the market, and now the same agi- 
tators and newspapers who were clamoring for 
control, destruction and punishment of the rail- 
roads are asking that their rates be increased, 
that they be given a chance, that they actually re- 
ceive charitable assistance from the government. 

In this great war crisis commissions are being 
added and multiplied instead of subtracted and 
divided as they should be. It was the purpose 
of the Constitution that all governmental work 
aside from the legislative and judicial branches 
should be performed by heads of departments 
and their subordinates, and that we should 
be represented abroad by ambassadors, ministers 
or consuls. 

When Franklin went to France in the early 
days, he went alone as an ambassador with a def- 
inite message, that of soliciting military and 
financial aid from France. When he had made 
his appeal to the French government he secured 
favorable action. I want to ask you, dear reader, 
what you think the result would have been if 
Franklin had been serving on a commission of 
five or more men and they had all gone together, 
and after he had finished making his appeal he 
had then said : "We have with us also Mr. Brown, 
who will now present the matter." Mr. Brown 
in presenting the matter would doubtless have 



76 Bach to the Republic 

made some variance from Franklin's presenta- 
tion. If, when Mr. Brown had finished, he had 
then said: "We have with us Mr. Jones, who 
will now present the matter," Mr. Jones would 
doubtless have made some variance in his pres- 
entation between that of Mr. Franklin and Mr. 
Brown. If, after Mr. Jones had finished, he had 
then said : "We have also with us Mr. Smith, who 
will present the matter," Mr. Smith doubtless 
would have made some variance from the other 
three. If, when Mr. Smith had finished, he had 
then said: "We have also with us Mr. White, 
who will now present the matter," Mr. White 
would no doubt make some variance from the 
presentations of the other four. 

Don't you think the officials of France would 
have been somewhat confused at the close of the 
presentations and would have suggested that the 
commission return to America and they would 
think the matter over? Upon a comparison of 
the variances in the several presentations they 
would conclude that it would perhaps be better 
to do nothing, or to have another session at some 
future time, and we would have had the privilege 
of paying the salaries and expenses of five with- 
out securing the desired result. In addition, there 
would have been the danger that each man, in 
his ambition to be the big man on the commission, 

\ 



Dangerous Experiments 77 

would feel the necessity of slightly discrediting 
the other four. 

This is one of many illustrations that might be 
given, and the pity is we are growing worse in- 
stead of better in this regard. 

Suppose that when President Wilson called 
Elihu Root to Washington and asked him to go 
on a commission with Russell, who had been as- 
saulting our institutions for many years, and 
other men who had no concept of the meaning 
of a republic, Mr. Root had said: "Mr. Pres- 
ident, I am seventy-two years old and willing to 
undertake this hazardous journey, but if I go, 
I must go alone as an ambassador, as Franklin 
went to France, and I must go with a definite 
message that must have your approval before I 
start, and no interference after I leave. That 
message will be the Constitution of the United 
States translated into the Russian language. 
Upon my arrival I will ask that the Constitution 
be read in the Russian language to those who 
are assembled to consider the new government 
for Russia. After the reading of the Constitu- 
tion, I will ask for an interpreter, through whom 
I will say that this Constitution provided for the 
first form of government that ever worked well, 
and that, if they wish to utilize its teachings in 
working out their problems, I will be glad to be 



78 Back to the Republic 

of such service as I can ; if not, that I will return 
home, leaving that definite message with them to 
make use of when they have exhausted the dan- 
gerous experiments in which they are engaged." 

That would have sounded a clear note, and if 
Mr. Root had gone under those conditions, he 
would have given Russia a clear, definite and con- 
structive message. But instead we sent a large 
commission, at great expense, without a definite 
message, and the result is, to say the least, ex- 
tremely unsatisfactory. 

The judgment displayed in sending Root and 
Russell together on a governmental mission was 
as unsound as it would have been to send Dwight 
L. Moody and Bob Ingersoll together to put on 
an evangelistic campaign, or to have sent Jim 
Hill and Eugene V. Debs together to manage 
the construction of a railway system. 

All so-called efficiency commissions with which 
I am familiar — and I have had years of experi- 
ence in the public service — remind me of the 
ironical definition given by Job Hedges, that 
"efficiency is letting some one else run your busi- 
ness as they want to at your expense." Effi- 
ciency, like the word liberty, has been overworked 
by impostors. 

Civil service commissions were heralded as 
agencies that would usher in the millennium of 



Dangerous Experiments 79 

efficient governmental service, but the result of 
their work has been quite largely to fasten upon 
the payroll hundreds of employes who contribute 
little to the public service and many of whom 
are guilty of indifference and insubordination. 
Those who have rendered good service would have 
done so without the protection of a civil service 
commission. These commissions may well be de- 
fined as plagues on the body politic which dissem- 
inate the germ that produces the tired feeling. 

During the first forty years of this republic, 
when there were no civil service commissions, pub- 
lic-service appointees (except those with spe- 
cified limit of tenure ) were retained during good 
behavior. So rarely were they removed that there 
was a total of less than one hundred changes 
during the forty years prior to the administration 
of Andrew Jackson. He was inoculated with 
the spirit of democracy and the characteristics 
of the demagogue. So slight was his conception 
of the plan and purpose of the republic that he 
arbitrarily dismissed hundreds of faithful, well 
equipped public-service appointees and replaced 
them with his personal followers without regard 
to fitness or the public welfare. 

The executive and the members of the legis- 
lative body, who are held responsible for the 
quality of public service during their term of 



80 Bach to the Republic 

office, should have the power to designate who 
the public-service employes should be. There- 
fore the people should exercise the greatest care 
in selecting those who shall have the appointive 
power. 

In our great industrial institutions it does not 
follow that a change of administration is fol- 
lowed by a wholesale dismissal of the employes of 
those institutions. On the contrary, compar- 
atively few changes occur. It is interesting to 
note how closely the republic corresponds in op- 
eration to the corporation. In a corporation 
there are an executive and a board of directors, 
who, working together, have all power of ap- 
pointment, all power of making regulations and 
all power of financing. 

The great proportion of our ablest men dur- 
ing recent years have entered the business world, 
where they have been more or less indifferent to 
the affairs of government. This great crisis, 
however, has aroused them to splendid coopera- 
tion, and they are now thinking about patriotism 
and public service. 

I would like to ask the business men what would 
happen to their institutions if, instead of sending 
out salesmen with a definite purpose of selling 
goods, they should send out, to visit their cus- 
tomers, commissions without any definite pur- 



Dangerous Experiments 81 

pose, who nevertheless were guaranteed large sal- 
aries and liberal expense accounts. 

Would it be wise for business men to submit to 
the popular vote of the men in the factory the 
question as to whether or not an additional build- 
ing should be added to the plant ? 

What would happen if they made it a custom, 
after the appointment of a master mechanic or 
head of a department, to take a referendum vote 
of the employes and the stockholders as to 
whether or not he should retain his position? 

There has been a disposition on the part of a 
large percentage of employes to encourage de- 
partures from the republic; to try to coerce can- 
didates into making pledges before election; to 
try to influence legislation by threatening to 
throw the union vote against a representative who 
is trying to be fair in the enactment of laws. 

Any effort toward class legislation or class di- 
vision is an appeal to passion, prejudice or cupid- 
ity. It is the work of demagogues, be they labor 
leaders, politicians or so-called social- justice re- 
formers. The spirit of a republic is to recognize 
the equality of all before the law. 

Unions have a right to organize and fix a 
scale of wages, and my sympathy is with them, 
so long as they do not molest the rights of persons 
or the rights of property, but they have no right 



82 Bach to the Republic 

to destroy property or to do bodily harm to pre- 
vent individuals from working where they please, 
when they please, and for what they please. 

Much credit for increasing wages has been 
given labor leaders and unions which they do not 
deserve. 

The price of eggs has advanced as rapidly as 
Wages have increased, but the hens have no 
unions. The prices of milk, butter and cheese 
have advanced as rapidly as wages have in- 
creased, but the milch cows have no unions, The 
price of clothing has advanced as rapidly as 
wages have increased, but cotton and wool have 
no unions. We have simply lessened the pur- 
chasing power of the dollar through the inflation 
of values. The law of supply and demand is sure 
to work, because it was divinely made, and it is 
as certain as the law of gravitation, the law of 
growth or the law of life. 

Employes should remember that the republic 
was the first form of government that gave labor 
a chance. The worst year for labor in the United 
States was better than the best year for labor 
in any other country in the history of the world. 
The republic was the first form of government 
that made it possible for the section hand to be- 
come president of a railroad, a clerk to become 
president of a bank, a farm boy to become Gov- 



Dangerous Experiments 83 

ernor of his State, a rail-splitter to become Pres- 
ident of the republic; not because he was a clerk, 
a section hand, a farm boy or a rail-splitter, but 
because he developed body, mind and character 
sufficient to make him worthy of such responsi- 
bility. 

All employes in this country, for their own sake 
and the good of posterity, should uphold the 
rights of person and the rights of property as 
sacred. 

Women who are taking on the added duties of 
citizenship should be the last to encourage depar- 
tures from the republic. As one who has consist- 
ently championed the cause of equal suffrage for 
twenty- four years and did it fearlessly when it 
was less popular than now, I have been chagrined 
during recent j^ears at the manner in which some 
women have urged dangerous experiments and 
applauded the fallacies of the flattering dema- 
gogue. Women should remember that the re- 
public was the first form of government under 
which they were permitted to enter colleges and 
universities and enjoy the rights of property and 
the rights of person. 

Excessive and foolish legislation will not bring 
the millennium, nor can the government success- 
fully assume the functions of the home, the 
school or the church. Women should be less 



84 Bach to the Republic 

active in mischievous agitation and strive for a 
better understanding) of the Constitution, the 
meaning of a republic and the purposes of the 
founders of this government. 

I would like to ask the educators in our col- 
leges and universities a few questions. 

Would it be wise for the president and trustees, 
after they had appointed the heads of depart- 
ments and the members of the faculty, to call in 
a dictator or a commission to determine what 
courses of study should be pursued by the student 
body? 

What effect would it have on discipline in 
the university if it were provided that the stu- 
dent body could take a referendum vote to de- 
termine the question as to whether or not a regu- 
larly appointed instructor should retain his posi- 
tion or be recalled? 

Would it be advisable to allow the students to 
take up through the initiative the question of 
whether or not they should pay tuition ? 

What would be the result of such procedure in 
our educational institutions? 

Consideration of these questions suggests anal- 
ogies to what is happening in the administration 
of government through the appointment of 
boards and commissions, the initiative, referen- 
dum, recall, government ownership, socialistic 



Dangerous Experiments 85 

doctrines and anarchistic heresies — all danger- 
ous weapons in the hands of demagogues for 
mischief-making. 

Lincoln gave a very good definition of boards 
and commissions when he said: "I think they 
are contrivances to cheat the government/'' 

Socialism is that phase of democracy which 
negates property rights. 

Anarchy is that phase of democracy which ne- 
gates law. 

The initiative is that phase of democracy 
which makes it possible for the infuriated mob, 
under the leadership of the demagogue, to enact 
legislation. 

The referendum is that phase of democracy 
which assumes that the minority should rescind 
impulsively at a special election the deliberate 
action of the majority at a regular election. 

The judicial recall is that phase of democracy 
which makes it possible to take a case from the 
courtroom, where it may be decided in accordance 
with the law and the evidence, to the street-cor- 
ners, where the agitators may appeal to passion 
and prejudice. 

Government ownership is that phase of democ- 
racy which assumes that government should not 
mind its own business. 

We should at once abandon all of these dan- 



86 Back to the Republic 

gerous experiments by discharging every board 
and commission that has been created and by re- 
pealing all statutory enactments that have pro- 
vided for the initiative, referendum and recall 
in any of the several States. We should avoid 
the dangers of socialism and anarchy and govern- 
ment ownership as perils that threaten to shake 
the very foundation of the republic. 

The thought that I wish to make clear is that 
our national government has grown weaker, 
more inefficient, more ineffective, more chaotic 
and more wasteful of public money than it other- 
wise might have been, just in proportion as 
through the creation of boards, commissions, dic- 
tators, excess legislation, etc., we have departed 
from and failed to adhere strictly and literally 
to the standard form, the golden mean, the re- 
public. 

Our State governments are weaker, more in- 
efficient, more ineffective, more chaotic and more 
wasteful of public funds than they otherwise 
might have been, just in proportion as they have 
failed to adopt the standard form or have failed 
to require that it be strictly and literally adhered 
to, instead of putting statutory material into our 
State constitutions providing for the election of 
officials other than the executive and members 
of the legislative body, appointing boards and 



Dangerous Experiments 87 

commissions, and creating other agencies that 
merely result in increasing expenses and con- 
fusing governmental procedure. 

Our county and city governments are weaker, 
more inefficient, more ineffective, more chaotic 
and more wasteful of public funds than they 
otherwise might have been, just in proportion 
as the State governments have failed to provide 
for them the standard form and to require that 
it be strictly and literally adhered to. 

All foreign governments are weaker, more in- 
efficient, more ineffective, more chaotic and more 
wasteful of public funds than they otherwise 
might have been, just in proportion as they have 
failed to comprehend and adapt the standard 
form to their governments and to require that it 
be strictly and literally adhered to. 

All minor political divisions of all foreign 
countries are weaker, more inefficient, more in- 
effective, more chaotic and more wasteful of pub- 
lic funds than they otherwise might have been, 
just in proportion as foreign governments have 
failed to provide the standard form and to re- 
quire that it be strictly and literally adhered to. 

Unfortunately, a very large proportion of our 
public officials during the past twenty-five years 
have been demagogues who have had little concept 
of the meaning of a republic. They have substi- 



88 Back to the Republic 

tuted personality for principle, preachments for 
practice, pretense for performance, agitation for 
achievement, invective for ingenuity, experiment 
for execution, rashness for restraint, rhetoric for 
results, and coercion for the Constitution. 

Why not open our eyes to these self-evident 
truths, stop electing demagogues to public office 
and avoid the quicksands, whirlpools and preci- 
pices of dangerous experiments? 



Chapter VII 

THE SHORT BALLOT 

npHE only way to secure the short ballot is to 
make the ballot short. The Constitution 
provided for a short ballot. The republic itself 
is the short-ballot plan. 

The short ballot necessitates divesting the 
form of government of all elective officials other 
than the executive and members of the legislative 
body and abandoning all forms of the initiative, 
referendum and recall. 

Nearly all of the short-ballot proclaimers are 
rabid advocates of all manner of propaganda 
that makes the ballot long. At a so-called na- 
tional convention held recently at the Sherman 
House in Chicago for the ostensible purpose of 
organizing a new political party, the self-ap- 
pointed delegates of that convention resolved in 
favor of the short ballot and in the next breath 
declared in favor of the initiative, referendum 
and recall. Their conduct was about as consist- 
ent as it would be for delegates to a prohibition 
convention to shout for temperance and then guz- 
zle whiskey between shouts. 

89 



90 Back to the Republic 

We have four types of government in this 
country: national, State, county and city. Each 
has separate and distinct functions to perform, 
and yet we are in a constant turmoil of confu- 
sion because we do not consider them one at a time 
and also make each type adhere strictly to the 
standard form. We carry on national, State, 
county and city elections at one and the same 
time, so that the issues are confused and candi- 
dates for local office are carried through on the 
national ticket regardless of fitness or standing 
on local questions. 

It is high time that we should undertake the 
adoption of a clear, concise, comprehensive and 
constructive plan that would make for economy 
of energy and expense ; for real efficiency in serv- 
ice and administration; for effectiveness in ex- 
pressing the will of the people and securing 
results that mean real progress. 

The following plan, if carried out, would ac- 
complish that and secure the short ballot : 

Separate the affairs of nation, State, county 
and city and consider one type of government 
each year. 

Fix a time for holding one primary and one 
election each year, as indicated in the outline 
which is here presented : 



The Short Ballot 



91 



Primary Day 

1920 — Hold primaries of all 
parties to select nominees 
for President and mem- 
bers of the National Con- 
gress. The nominees to 
be delegates without con- 
test to the national con- 
vention. 

1921 — Hold primaries of all 
parties to select nominees 
for Governor and members 
of the State legislature. 
The nominees to be dele- 
gates without contest to 
the state convention. 

1922 — Hold primaries of all 
parties to select nominees 
for President and mem- 
bers of the County Board. 
The nominees to be dele- 
gates without contest to 
the county convention. 

1923 — Hold primaries of all 
parties to select nominees 
for Mayor and members 
of the City Council. The 
nominees to be delegates 
without contest to the city 
convention. 

Note. — The candidate receiving the next largest vote for 
President at the national primaries should be the nominee 
for Vice-President and go as a delegate to the national con- 
vention. The candidate receiving the next largest vote for 
Governor at the State primaries should be the nominee for 
Lieutenant Governor and go as a delegate to the State con- 
vention. 



Election Day 

1920 — Hold national elec- 
tion to elect a President 
and members of the Na- 
tional Congress who shall 
have power to appoint all 
other public officials of the 
national government. 

1921 — Hold State election 
to elect a Governor and 
members of the State 
legislature who shall have 
power to appoint all other 
public officials of the State 
government. 

1922 — Hold county election 
to elect President and 
members of the County 
Board, who shall have 
power to appoint all other 
public officials of the 
county government. 

1923 — Hold city election to 
elect Mayor and members 
of the City Council, who 
shall have power to ap- 
point all other public offi- 
cials of the city govern- 
ment. 



92 Bach to the Republic 

If it seemed advisable to limit the term of mem- 
bers of the lower house in the National Congress 
and the State legislatures to two years, arrange- 
ment could be made to have them run with the 
county and city tickets. This would require the 
elector to consider one additional name at the 
county and city primaries and elections beyond 
those provided for in the preceding plan. 

The reason for making the nominees at the va- 
rious primaries the delegates to the convention as 
indicated in the plan is that they should write 
the platform of the party, because in the event 
of their election it is they who assume the respon- 
sibility of carrying out the platform of their 
party. 

Why should we elect irresponsible delegates 
to go to the convention and write a platform 
which they have no power to carry out ? It sim- 
ply confuses governmental machinery, increases 
expense and shifts responsibility to where it does 
not belong. The proper course is to make the 
nominees of the national primaries the delegates 
to the national convention; the nominees of the 
State primaries the delegates to the State con- 
vention; the nominees of the county primaries 
the delegates to the county convention ; the nomi- 
nees of the city primaries the delegates to the 
city convention; and permit them to write the 



The Short Ballot 93 

platform upon which they will make their cam- 
paign for election and which they would be 
pledged to carry out in the event of their elec- 
tion. 

Under this plan the elector would not be re- 
quired to vote on more than three or four names 
at the national, State, county or city primaries 
and elections. 

No other public officials should be elected. All 
other officials should be appointed on the basis of 
efficiency by the various national, State, county 
and city officers chosen by the people to repre- 
sent them. 

In order to obtain the short ballot we must 
cease electing public officials that should be se- 
lected by appointment, and stop submitting pro- 
posals to popular vote that should be determined 
by the legislative body. 

The most efficient way of conducting busi- 
ness on a large scale has been found to be through 
a corporation managed by an executive and de- 
liberative body, chosen by the stockholders, with 
power to appoint heads of departments and their 
subordinates on the basis of efficiency, and with 
power of removal when advisable for the good of 
the service. 

Each of the four types of government, nation- 
al, State, county and city, is a corporation for 



94 Back to the Republic 

public service, and the standard form provides 
for the nomination and election of an executive 
and legislative body by the people, these officers 
to be given full power of appointment and of re- 
moval and to be held responsible for the quality 
of public service just as the elective officers of 
private corporations are held responsible to the 
stockholders for quality in private service. 

This plan gives the people the power of select- 
ing nominees, who should also be delegates to the 
convention, and fixes the responsibility and au- 
thority of these delegates. It also eliminates 
almost entirely the danger of bossism and cor- 
ruption so prevalent in present-day conventions. 

The plan makes possible a calm and deliber- 
ate discussion of issues pertaining to the four 
types of government. It would also tend to- 
ward the development of more competent men 
to serve in both elective and appointive positions, 
and furthermore it would aid in developing 
specialists. 

Under this plan the children in our public 
schools could study with understanding, not only 
the form of our government, but also the machin- 
ery for making it work successively, because the 
plan is not only clear, concise, comprehensive 
and constructive, but it is so simple that any one 
can understand it and our youth could be fully 



The Short Ballot 95 

equipped for the duties of citizenship when they 
become of age. 

Our colleges and universities could teach their 
students the meaning of a republic and how to 
administer government in accordance with the 
plan of a republic, and equip students who have 
a taste for public service with information that 
would make them useful instead of cramming 
their heads with unsound theories and imprac- 
tical suggestions which give them no concept of 
what a republic is or of its plan of government. 
The graduates of our State universities receive 
sixteen years' education at the expense of the 
State, and for that they owe the public, which 
pays the bill, at least the return of intelligent and 
effective citizenship. 

If this plan were adopted foreigners who come 
to this country would gain a clearer conception of 
the genius of our government in four years than 
they now acquire, in the present mixed state of 
affairs, in twenty years. 

At this time, too, when women are taking on 
the added duties of citizenship, they could give 
much better cooperation if the machinery of gov- 
ernment were simplified and clarified. 

This plan would save millions of dollars annu- 
ally to the taxpayers, to say nothing of the mil- 
lions it would save to the public officials, who are 



96 Back to the Republic 

now required to make campaigns for elections, 
and who should be selected by appointment. 

It would stimulate and clarify the work of our 
government and make for real progress in the 
solution of many of our most complex problems. 

It would assure the preservation of this repub- 
lic, based upon the Constitution, and maintain 
the judiciary unimpaired at this time when we 
are threatened with mobocracy and recall. 

It would meet the demand of the most radical 
short-ballot advocates and simplify to the point 
of efficiency and effectiveness the vote cast by 
an elector. 

It would give us the Short Ballot. 



Chapter VIII 

ORGANIZATION 

QRGANIZATION is the best method where- 
by concentration of thought, singleness of 
purpose and unity of action may be secured for 
the accomplishment of desired results. 

There is no field of activity in which desired 
results are of greater importance than in politics. 
Freeman once said: "History is past politics, and 
politics is present history." This truism is worthy 
of serious thought. 

Have you ever stopped to think that when you 
step to the faucet in the morning to turn on the 
water, the water is there as a result of politics; 
that the quality and condition of the streets and 
sidewalks on which you travel is determined 
through politics ; that the quality of sewerage and 
garbage service is determined through politics; 
that the quality of the police and fire protection 
is determined through politics ; that public-school 
houses are built through politics ; that the teachers 
and other school officials are selected through pol- 
itics ; that the courthouses are built through poli- 

97 



98 Bach to the Republic 

tics; that the judge and jury and other court 
officials are selected through politics; that our 
postoffices are built or leased through politics; 
that the postmasters, mail carriers and other 
postal officials are selected through politics ; that 
the amount of taxes that you pay and the method 
of their expenditure are determined through 
politics; that the question of peace or war is de- 
termined through politics? So the enumeration 
might be continued indefinitely. 

Whether we will or no, we are bound up in 
the very warp and woof of politics. We cannot 
escape it and we cannot take these things out of 
politics. These services touch our comforts, our 
necessities, our luxuries, and the very protection 
of our lives. It behooves all citizens, therefore, 
to be awakened to a keen realization of their obli- 
gation and be vigilant in the selection of officials 
who in a representative capacity assume the re- 
sponsibility of conducting public affairs. It is 
also important that these officials work through 
the best possible organization. The republic, 
which is based upon four elements, provides the 
best possible medium for such an organization. 

I do not know that there is magic in the figure 
four, but it has played a great part in civilization. 
After the earth was created, four kingdoms were 
provided: the human, animal, vegetable and 



Organization 99 

mineral. Four seasons of the year seemed neces- 
sary : spring, summer, autumn and winter. There 
are four directions: north, south, east and west. 
Any direction can be described with these four 
words. In mathematics it is necessary to com- 
pute four ways: addition, subtraction, multi- 
plication and division. The problem of trans- 
portation is worked out on four-wheeled vehicles. 
The animals that travel swiftly and cany great 
burdens rest upon four legs. We have four insti- 
tutions : the home, the school, the church and the 
government. The founders of the republic organ- 
ized a government that rests upon four elements, 
and it stood four-square to all the world. They 
also provided for four types of government: 
national, State, county and city. 

NATIONAL GOVERNMENT 

The diagram shown on page 101 is an illustra- 
tion of the national government at work, organ- 
ized as planned by the Constitution. 

The Constitution provides that the executive, 
with the concurrence of the legislative body, 
should appoint heads of departments and their 
subordinates to cover the various fields of activ- 
ity within the realm of national government. The 
heads of departments constitute the Cabinet. It 
was contemplated that committees would be ap- 



100 Back to the Republic 

pointed in the Senate and in the House to corre- 
spond to and cooperate with the various Cabinet 
departments as follows: The committees on in- 
ternational affairs in the Senate and House to 
correspond to and cooperate with the Secretary 
of State in the Cabinet ; the committees on naval 
affairs, with the Secretary of the Navy; the com- 
mittees on military affairs, with the Secretary of 
War; the committees of way and means, with 
the Secretary of the Treasury; the committees 
on public lands, with the Secretary of the Inte- 
rior; the committees on agriculture, with the Sec- 
retary of Agriculture; the committees on com- 
merce, with the Secretary of Commerce ; the com- 
mittees on labor with the Secretary of Labor; 
the committees on judiciary, with the Depart- 
ment of Justice; the committees on postal affairs 
with the Postoffice Department. 

It was contemplated that the President would 
select the best qualified men available for the 
Cabinet positions, and that the Senate and the 
House would appoint on the various committees 
the men who had the best training, knowledge 
and natural ability to be of service on those com- 
mittees. Then, when an important matter arose 
which had to be dealt with, it was contemplated 
that the President would confer with the Cabi- 
net member whose department covered that field 




Of CABINET MEMBER 
I LEGISLATIVE COMMITTEE 
] MINOR COURT 

O Subordinate dtpartrnenr 
head 

O Public service employe 



O 



AN INDIVIDUAL RIGHT 

1. Rights of peraon 

2. Rights of property 

3. Religious freedom 
4 Trial bij jury 

s. Pafenr — Copyright 

6. Freedom of speech 

7. Freedom of rhe press 

etc.. etc., efc. 



National Government Organized as a Republic 

101 



Organization 103 

of activity, and also with the chairmen of the 
committees in the House and Senate that should 
cooperate with that Cabinet department. 

To illustrate from the diagram, the Secretary 
of State is designated as "A" in the executive 
department, and the committees in the House 
and Senate on international affairs are desig- 
nated as "A," the lines connecting them illus- 
trating the relation that exists between the exec- 
utive and legislative departments. If a ques- 
tion concerning the Orient should arise in inter- 
national affairs, the plan of the republic, strictly 
adhered to, contemplates that the President shall 
call into his presence the Secretary of State and 
the chairmen of the committees on international 
affairs in the Senate and House for deliberation, 
and they shall constitute the governmental 
agency to deal with that question. 

Different portions of the world would doubt- 
less be assigned to various assistants in the De- 
partment of State for study and expert knowl- 
edge, and likewise different portions of the world 
would be assigned to various members of the 
committees on international affairs in the Senate 
and House for study and expert knowledge. 
Should it develop at the conference that one or 
more of the assistants in the Department of 
State had special knowledge pertaining to the 



104 Bach to the Republic 

Orient, and some member of the committee on 
international affairs in the House or Senate, 
other than the chairman, had special knowledge 
pertaining to the Orient, then they, too, would 
be invited into the conference. When a course 
of action had been determined upon as a result of 
the conference, the work of execution would be 
carried on through the regularly constituted 
channels of a republic provided for by the Con- 
stitution. 

In the same manner, if a question of food 
arose, it would be handled in a similar way 
through the Department of Agriculture and the 
committees on agriculture in the Senate and 
House. In like manner other problems would 
be handled through the various Cabinet depart- 
ments and various committees in the House and 
Senate. 

That is exactly the course pursued by George 
Washington in the conduct of his work as execu- 
tive of the republic. 

That is exactly the course pursued by Abra- 
ham Lincoln in his conduct of the Civil War and 
of other domestic and international problems 
which arose during his administration. 

That is exactly the course pursued by William 
McKinley in his conduct of the Spanish- Ameri- 
can war and of other domestic and international 



Organization 105 

problems which arose during his administration, 
and on the work of each history has rendered the 
verdict: "Well done, thou good and faithful 
servant." 

It was never contemplated by the men who 
wrote the Constitution and founded this republic 
that individuals, boards and commissions should 
be called in hastily and promiscuously, from the 
outside, and assigned dictatorial and autocratic 
power on momentous undertakings. Such a 
course usurps the proper jurisdiction of regu- 
larly appointed heads of Cabinet departments 
and regularly elected members of the legislative 
body. 

It would seem that modern business men, with 
their marvelous capacity for achieving desired 
results effectively, would readily see the tremen- 
dous importance of this method of administra- 
tion, for it is the way they have built up the great 
institutions of this country. 

In a republic the important function of the 
executive is to appoint capable and well fitted 
men for the governmental positions and to make 
recommendations to Congress. When the execu- 
tive makes wise appointments, his success is well 
nigh assured. 

The important function of the legislative body 
is to enact wise laws and make judicious expen- 



106 Bach to the Republic 

ditures. Congress enacts very many more laws 
than it should and spends much more money than 
is necessary to secure better service than we now 
have. 

The important function of the judiciary is to 
render sound decisions which should be stated 
clearly and limited to the question at issue. We 
have too many courts, too much litigation, and 
far too many reports. 

The important function of individual rights 
is to stand guard day and night to prevent the 
government or any person or group of persons 
from trespassing upon the inherent rights guar- 
anteed by the Constitution to every individual 
under its protection. 

STATE GOVERNMENT 

The diagram on the opposite page is an illus- 
tration of the State government organized as it 
should work under the guaranty of the Consti- 
tution. Section 4, article 4 of the Constitution 
guarantees to every State in the Union a repub- 
lican form of government. It was contemplated 
that the Governor and legislative body would 
appoint heads of departments and their subor- 
dinates to cover the various fields of activity 
within the realm of State government. The heads 
of departments should be called the Governor's 





(cabinet member 

LEGISLATIVE COMMITTEE 
MINOR COURT 

O Subordinate department 
head 



OfcA 
Ml 



o 



© Public service employe 



AN INDIVIDUAL RIGHT 
Right's of person 

2. Rights of property 

3. Religious freedom 
4 Trial by jury 

s. Patent — Copyright' 
6. Freedom of speech 
7 Freedom of the press 
ere., ere, ere. 



A State Government Organized as a Republic 

107 



Organization 109 

cabinet. Committees should be appointed in the 
legislative body to corrrespond to and cooperate 
with the various cabinet departments; the com- 
mittees on education in the Senate and House 
to correspond to and cooperate with the Director 
of Education; the committees on ways and means 
to correspond to and cooperate with the Director 
of Finance ; the committees on agriculture to cor- 
respond to and cooperate with the Director of 
Agriculture ; the committees on commerce to cor- 
respond to and cooperate with the Director of 
Commerce, etc. 

The Governor should select the best qualified 
persons available for cabinet positions, and the 
Senate and House should appoint on the various 
committees those who have the best training, 
knowledge and natural ability to be of service on 
those committees. 

Should an important question arise in the State 
government, the Governor should confer with 
the cabinet member whose department covered 
that field of activity, and also with the chairmen 
of the committees in the House and Senate that 
correspond to and cooperate with that depart- 
ment. 

To illustrate from the diagram, the Director 
of Education is designated as "A" in the execu- 
tive department. The committees in the House 



110 Back to the Republic 

and Senate are designated as "A" in the legis- 
lative department. The lines connecting them 
illustrate the relation existing between the execu- 
tive and legislative departments. If an impor- 
tant question arose in the State in regard to edu- 
cation, the Governor should call in to his presence 
the Director of Education and the chairmen of 
the committees on education in the House and 
Senate, and they would constitute the govern- 
mental agency to treat with that question. If it 
developed that one of the assistants in the depart- 
ment of education was especially conversant with 
that particular question and some member of a 
committee in the Senate or House other than 
the chairman was especially conversant with the 
question under consideration, they too should be 
called into the conference. Then, with a course 
of action determined upon, the work of execu- 
tion should be carried on through the regularly 
constituted channels provided for in a State or- 
ganized as a republic under its constitutional 
guaranty. 

This course should be pursued in treating other 
questions pertaining to the other departments 
and legislative committees. It would be a great 
improvement on the present chaotic, wasteful, 
unbusinesslike method of conducting the various 
State governments. 





o 



(cabinet member 

I LEGISLATIVE COMMITTEE 
J MINOR COURT 



o 



O Subordinate department- 
head 

O Public-service employe 



AN INDIVIDUAL RIGHT 

1. Right's of person 

2. Ri^hhs of properly 

3. Religious freedom 
4 Triol by jury 

s. Patent- - Copyright 
6. Freedom of speech 
J Freedom of rhe press 
etc., etc., etc. 



A County Government Organized as a Republic 

111 



Organization 113 

Our State legislatures enact many times as 
much legislation as they should. We should 
insist that they begin at once to repeal, to sim- 
plify, to clarify and to codify the heterogeneous 
mass of State statutes so that our revised statutes 
in the various States could be written in about 
one-tenth as many words. It would save valuable 
time, needless expense, fruitless litigation, and 
make for a clearer understanding of the laws. 
An effort should also be made to make the laws 
of the several States more uniform. The State 
governments spend much more money and em- 
ploy much more help than is necessary in order 
to give much better service than they are now 
rendering. 

The State government organized and con- 
ducted as a republic would eliminate all boards, 
commissions and other governmental agencies 
that are injurious to good service. 

It is a grave question whether or not the bicam- 
eral system is advisable for State legislatures. 

COUNTY GOVERNMENT 

The diagram on page 111 is an illustration of 
the county government at work, organized as a 
republic, as all counties in the United States of 
America should be organized. 

The President of the County Board and the 



114 Back to the Republic 

County Commissioners should appoint all other 
county officials. 

The President of the County Board should 
select the best qualified persons available for 
cabinet positions and the County Board should 
appoint on the various committees those who 
have the best training, knowledge and natural 
ability to be of service on those committees. The 
same plan outlined for conducting the national 
and State governments by the executive and leg- 
islative branches should be followed in the county 
government. 

The counties have more courts, much more 
litigation, much more help, much more expense, 
and use much more time and energy than is neces- 
sary to give far better public service than is now 
given by county governments. 

CITY GOVERNMENT 

The accompanying diagram is an illustration 
of the city government at work, organized as a 
republic, as all cities in the United States of 
America should be organized. 

The Mayor and the City Council should ap- 
point all other city officials. 

The Mayor should select the best qualified 
persons available for cabinet positions, and the 
City Council should appoint on the various com- 





Of CABINET MEMBER 
I LEGISLATIVE COMMITTEE 
J MINOR COURT 

O Subordinate dtparhnenr 
head 

o Public service employe 



O 



AN INDIVIDUAL RIGHT 

1. Righl"3 of person 

2. Right's of property 

3. Religious freedom 
■* Trial by jury 

s. Patenf - Copyright 

6. Freedom of speech 

7. Freedom of rhe press 

el-c., ere, etc. 



A City Government Organized as a Republic 

115 



Organization 117 

mittees those who have the best training, knowl- 
edge and natural ability to be of service on those 
committees. The same plan as outlined for con- 
ducting the national and State governments by 
the executive and legislative branches should be 
followed in the city government. 

City councils pass many more ordinances than 
they should. City governments spend much 
more money and employ much more help than is 
necessary to give much better service than is now 
rendered by city governments. 



Chapter IX 

A WORLD REPUBLIC 

PROBLEMS in mathematics cannot be solved 
without first establishing the unit and then 
utilizing the four methods of addition, subtrac- 
tion, multiplication and division. Just so you 
must have the standard form and the four ele- 
ments of the republic to solve governmental 
problems. 

You cannot construct a building without first 
providing the foundation and then erecting the 
four walls. The foundation corresponds in im- 
portance to the standard form, and the four 
walls of the building to the four elements of a 
republic. 

The basis of the solar system is a standard 
form of planet, which is the sphere. From the 
mightiest suns to the smallest planets they are 
all spheres. The executive power keeps them 
in motion. The legislative power defines their 
courses. The judicial power holds them to their 
courses through the law of gravitation, and each 
sphere is guaranteed the inherent individual 

118 



A World Republic 119 

rights of space in which to rotate and freedom 
from collision with other suns or planets. The 
solar system is organized as a sphere of the re- 
lated spheres of the universe. 

We cannot have a world republic until we have 
a universal standard form of government, and 
when a world republic comes it will be the repub- 
lic of the united republics of the world. 

As soon as the world grasps the full meaning 
of the republic as a form of government its uni- 
versal adoption will be as natural as the univer- 
sal adoption of the other standards referred to 
in Chapter IV. 

The institution of monogamous marriage was 
first evolved in some country, and when the world 
recognized that it was better than either polyg- 
amy or promiscuity, it met with almost universal 
adoption. The clock was first evolved in some 
country, and when the world recognized it as the 
best method of telling and recording time, it met 
with universal adoption. And likewise with the 
golden rule, the ten digits, the standards of 
weights and measures, etc. 

It is to our everlasting glory that the republic 
was evolved in this country, and it is our supreme 
privilege and sacred duty to maintain it unim- 
paired and to spread the gospel of its sterling 
worth to all other nations of the world. 



120 Bach to the Republic 

If the people of the United States of Amer- 
ica should begin at once to adhere strictly and 
literally to the republic as the standard form of 
government in nation, State, county and city, we 
would then be in a position to give a clear, defi- 
nite and constructive message to all countries of 
the world as follows: 

We recommend that you substitute a republic 
for the form of government that you now have ; 
not in the spirit of force, or threat, or hate, or 
revenge, or dictation, but rather in the spirit of 
Christ upon the cross when he said: "Father, for- 
give them, for they know not what they do," or 
in the spirit of Lincoln during the dark hours of 
the republic when he said to those who would de- 
stroy it: "We are not enemies, but friends; we 
must not be enemies; though passion may have 
strained, it must not break the bonds of affection. 
. . . With malice toward none, with charity for 
all, with firmness in the right as God gives us to 
see the right, let us strive on ... to do all which 
may achieve and cherish a just and a lasting 
peace among ourselves and with all nations." 

Alfred Tennyson had the great vision of a 
time when 

"the war drums throb no longer 
And the battle flags are furl'd, 
In the parliament of man, 
The federation of the world." 



A World Republic 121 

But he did not realize that the republic was the 
medium through which this inspired dream could 
come true. 

For years a major portion of the people of the 
world have been ready for international peace, 
but no plan has been evolved for its successful 
achievement. The serious obstacle has been the 
difficulty of harmonizing the numerous and 
varied types of government into a great single 
purpose. 

We have tried to solve the problem without 
first establishing the unit. 

We have tried to build a world movement with- 
out first laying the foundation. 

We have tried to unite governments without 
first having a standard form that would make 
them work in harmony. 

A movement should be started at once to or- 
ganize the world into from sixteen to twenty-five 
federal republics. There should be: 

The republic of the United States of America, 
The republic of the United States of G r e a t 
Britain, 

The republic of the United States of Germany, 
The republic of the United States of France, 
The republic of the United States of Austria, 
The republic of the United States of Russia, 
The republic of the United States of Italy, 



122 Back to the Republic 

The republic of the United States of Scandi- 
navia, 

The republic of the United States of Spain, 
The republic of the United States of Greece, 
The republic of the United States of China, 
The republic of the United States of Japan, 
The republic of the United States of South 
America, 

The republic of the United States of Asia, 
The republic of the United States of Africa, 
and several others. 

This would make possible the solution of the 
Home Rule question in Ireland because it would 
make Ireland a sovereign state of the United 
States of Great Britain just as Illinois is a sov- 
ereign State of the United States of America. 
It might solve the Alsace-Lorraine problem by 
making a portion of it a sovereign state of the 
United States of France and a portion of it a 
sovereign state of the United States of Germany. 
It would furnish the key to the solution of a 
number of difficult problems in the Balkans and 
in other territory that must soon come under 
grave consideration in working out the complex 
international situation. 

All states and minor political divisions of 
the federal republics should be organized as 
republics. 



A World Republic 123 

With the governments of the world organized 
as republics, a constitutional convention com- 
posed of representatives of the various republics 
could be called. A world constitution could be 
framed that would provide ( 1 ) for a world exec- 
utive and define his qualifications and powers, 
(2) for a world legislative body and define its 
qualifications and powers, (3) for a world ju- 
diciary and define its qualifications and powers, 
and (4) for certain inherent international rights. 

A world republic could then be organized 
rather simply and almost automatically as fol- 
lows: Provide (1) that an ex-president of one 
of the republics would be the world executive; 
(2) that the vice-presidents of the various repub- 
lics would be the world legislative body (this 
would give them something to do and would en- 
courage a more careful selection of vice-presi- 
dents) ; (3) that when an international contro- 
versy arose, one member of the supreme court 
from each republic not directly interested in the 
controversy would sit as the court to determine 
the rights of the republics in controversy, and (4) 
that the inherent international rights could be 
enforced through those three branches of the 
world republic. 



Chapter X 

CONCLUSION 

T HAVE striven to make clear the meaning of 
the words "autocracy," "democracy" and 
"republic'' and have urged the importance of 
avoiding the extremes of either autocracy or de- 
mocracy and the vital need of adhering strictly 
and literally to the republic. 

If you have read this book carefully and are 
still in doubt as to the meaning of those three 
words, I beg of you to read the works of Alex- 
ander Hamilton, the words of George Washing- 
ton, the teachings of James Madison, the decis- 
ions of John Marshall, the debates of Daniel 
Webster, the utterances of Abraham Lincoln, 
the addresses of William McKinley, and the Con- 
stitution of the United States, and study the laws 
of nature. You will then reach the conclusions 
set forth in this book. 

When you understand clearly the meaning of 
the words "autocracy," "democracy" and "repub- 
lic" you will favor the republic as the best form 
of government. It should then be your solemn 

124 



Conclusion 125 

duty as well as your high privilege to exert every 
effort and utilize every legitimate influence to 
assure a republic as the form of government 
under which you live. 

If you live in the United States of America, 
you can do this most effectively by working for 
the election of executives and members of the 
legislative bodies, in nation, State, county and 
city, who understand the meaning of a republic 
and who will conduct the government in accord- 
ance with the plan of a republic. 

If you live in some other country, you should 
work for the adoption of a constitution that will 
provide for the four elements which make pos- 
sible the founding of a republic in lieu of the 
form of government which now prevails. 

"Back to the republic" should be the watch- 
word of every patriot in this country, and "For- 
ward to the republic" should be the keynote of 
every patriot in each of the other countries of the 
world. 

The people of this country for their own good 
should get "back to the republic" as soon as pos- 
sible, and the people of each of the other coun- 
tries, for their own good, should move forward to 
a republic as rapidly as possible. 

The sooner we get "back to the republic" in 
this country and the people of each of the other 



126 Back to the Republic 

countries move forward to a republic, the sooner 
retrogression will end and progress begin. 

The world conflagration makes this the su- 
preme hour when all true patriots should exam- 
ine their political compass, get their bearings, 
know where they stand and anchor to the re- 
public. 

The republic is the key to the solution of this 
awful, this tragic international crisis. 

"In medio tutissimus ibis." 

"You will go safest in a middle course." 

"ApUTTOV iitTpov." 

"The medium is best." 



APPENDIX 

The Constitution of the United States 



The Constitution of the United States 



PREAMBLE 

WE, THE PEOPLE of the United States, in order 
to form a more perfect union, establish justice, in- 
sure domestic tranquillity, provide for the common defense, 
promote the general welfare, and secure the blessings of 
liberty to ourselves and our posterity, do ordain and es- 
tablish this Constitution for the United States of America. 

ARTICLE I 

THE LEGISLATIVE BODY 

Congress: Its Composition and Powers 
Section 1. All legislative powers herein granted shall 
be vested in a Congress of the United States, which shall 
consist of a Senate and House of Representatives. 

The House of Representatives 
Sec. 2. The House of Representatives shall be com- 
posed of members chosen every second year by the people 
of the several States, and the electors in each State shall 
have the qualifications requisite for electors of the most 
numerous branch of the State legislature. 

No person shall be a Representative who shall not have 
attained to the age of twenty-five years, and been seven 
years a citizen of the United States, and who shall not, 
when elected, be an inhabitant of that State in which he 
shall be chosen. 

129 



130 Back to the Republic 

Representatives and direct taxes shall be apportioned 
among the several States which may be included within this 
Union, according to their respective numbers, which shall 
be determined by adding to the whole number of free per- 
sons, including those bound to service for a term of years, 
and excluding Indians not taxed, three-fifths of all other 
persons. [This clause was partly superseded by the Four- 
teenth Amendment.] The actual enumeration shall be 
made within three years after the first meeting of the Con- 
gress of the United States, and within every subsequent 
term of ten years, in such manner as they shall by law di- 
rect. The number of Representatives shall not exceed one 
for every thirty thousand, but each State shall have at least 
one Representative; and until such enumeration shall be 
made the State of New Hampshire shall be entitled to 
choose three; Massachusetts, eight; Rhode Island and 
Providence Plantations, one; Connecticut, five; New York, 
six; New Jersey, four; Pennsylvania, eight; Delaware, one; 
Maryland, six; Virginia, ten; North Carolina, five; South 
Carolina, five ; and Georgia, three. 

When vacancies happen in the representation from any 
State, the executive authority thereof shall issue writs of 
election to fill such vacancies. 

The House of Representatives shall choose their Speaker 
and other officers, and shall have the sole power of impeach- 
ment. 

The Senate 

Sec. 3. The Senate of the United States shall be com- 
posed of two Senators from each State, chosen by the legis- 
lature thereof, for six years; and each Senator shall have 
one vote. 

Immediately after they shall be assembled in conse- 



The Constitution of the United States 181 

quence of the first election, they shall be divided as equally 
as may be into three classes. The seats of the Senators 
of the first class shall be vacated at the expiration of the 
second year; of the second class, at the expiration of the 
fourth year; of the third class, at the expiration of the 
sixth year, so that one-third may be chosen every second 
year; and if vacancies happen by resignation, or otherwise, 
during the recess of the legislature of any State, the execu- 
tive thereof may make temporary appointments until the 
next meeting of the legislature, which shall fill such vacan- 
cies. 

No person shall be a Senator who shall not have attained 
to the age of thirty years, and been nine years a citizen of 
the United States, and who shall not, when elected, be an 
inhabitant of that State for which he shall be chosen. 

The Vice-President of the United States shall be presi- 
dent of the Senate, but shall have no vote, unless they 
be equally divided. 

The Senate shall choose their other officers, and also a 
president pro tempore, in the absence of the Vice-Presi- 
dent, or when he shall exercise the office of President of 
the United States. 

The Senate shall have the sole power to try all impeach- 
ments ; when sitting for that purpose, they shall be on oath 
or affirmation. When the President of the United States 
is tried, the Chief Justice shall preside; and no person 
shall be convicted without the concurrence of two-thirds 
of the members present. 

Judgment in cases of impeachment shall not extend fur- 
ther than to removal from office, and disqualification to 
hold and enjoy any office of honor, trust or profit under 
the United States; but the party convicted shall, never- 



132 Back to the Republic 

theless, be liable and subject to indictment, trial, judgment, 
and punishment according to law. 

Election of Senators and Representatives 
Sec. 4. THe times, places, and manner of holding elec- 
tions for Senators and Representatives shall be prescribed 
in each State by the legislature thereof; but the Congress 
may at any time, by law, make or alter such regulations, 
except as to the places of choosing Senators. 

The Congress shall assemble at least once in every year, 
and such meeting shall be on the first Monday in Decem- 
ber, unless they shall by law appoint a different day. 

Organization and Rules of Senate and House 

Sec. 5. Each house shall be the judge of the elections, 
returns and qualifications of its own members, and a ma- 
jority of each shall constitute a quorum to do business; 
but a smaller number may adjourn from day to day, and 
may be authorized to compel the attendance of absent mem- 
bers, in such manner and under such penalties as each 
house may provide. 

Each house may determine the rules of its proceedings, 
punish its members for disorderly behavior, and, with the 
concurrence of two-thirds, expel a member. 

Each house shall keep a journal of its proceedings, and 
from time to time publish the same, excepting such parts 
as may in their judgment require secrecy; and the yeas 
and nays of the members of either house on any question 
shall, at the desire of one-fifth of those present, be entered 
on the journal. 

Neither house, during the session of Congress, shall, 
without the consent of the other, adjourn for more than 



The Constitution of the United States 133 

three days, nor to any other place than that in which the 
two houses shall be sitting. 

Pay and Privileges of Senators and Representatives 

Sec. 6. The Senators and Representatives shall receive 
a compensation for their services, to be ascertained by law, 
and paid out of the treasury of the United States. They 
shall in all cases, except treason, felony and breach of the 
peace, be privileged from arrest during their attendance at 
the session of their respective houses, and in going to and re- 
turning from the same ; and for any speech or debate in 
either house, they shall not be questioned in any other place. 

No Senator or Representative shall, during the time for 
which he was elected, be appointed to any civil office 
under the authority of the United States which shall have 
been created, or the emoluments whereof shall have been 
increased, during such time; and no person holding any 
office under the United States shall be a member of either 
house during his continuance in office. 

Methods of Legislation 

Sec. 7. All bills for raising revenue shall originate in 
the House of Representatives ; but the Senate may propose 
or concur with amendments as on other bills. 

Everj' bill which shall have passed the House of Rep- 
resentatives and the Senate shall, before it becomes a law, 
be presented to the President of the United States; if he 
approve, he shall sign it, but if not, he shall return it, with 
his objections, to that house in which it shall have orig- 
inated, who shall enter the objections at large on their 
journal, and proceed to reconsider it. If after such recon- 
sideration two-thirds of that house shall agree to pass 
the bill, it shall be sent, together with the objections, to 



134 Bach to the Republic 

the other house, by which it shall likewise be reconsidered, 
and if approved by two-thirds of that house, it shall become 
a law. But in all such cases the votes of both houses shall 
be determined by yeas and nays, and the names of the 
persons voting for and against the bill shall be entered on 
the journal of each house respectively. If any bill shall 
not be returned by the President within ten days (Sun- 
days excepted) after it shall have been presented to him, 
the same shall be a law, in like manner as if he had signed 
it, unless the Congress by their adjournment prevent its 
return, in which case it shall not be a law. 

Every order, resolution or vote to which the concurrence 
of the Senate and House of Representatives may be neces- 
sary (except on a question of adjournment) shall be pre- 
sented to the President of the United States ; and before 
the same shall take effect, shall be approved by him, or 
being disapproved by him, shall be repassed by two-thirds 
of the Senate and House of Representatives, according to 
the rules and limitations prescribed in the case of a bill. 

Powers Vested in Congress 
Sec. 8. The Congress shall have power: 
To lay and collect taxes, duties, imposts and excises, to 
pay the debts and provide for the common defenses and 
general welfare of the United States ; but all duties, im- 
posts and excises shall be uniform throughout the United 
States ; 

To borrow money on the credit of the United States ; 
To regulate commerce with foreign nations and among 
the several States, and with the Indian tribes ; 

To establish a uniform rule of naturalization and uni- 
form laws on the subject of bankruptcies throughout the 
United States; 



The Constitution of the United States 135 

To coin money, regulate the value thereof, and of for- 
eign coin, and fix the standard of weights and measures ; 

To provide for the punishment of counterfeiting the se- 
curities and current coin of the United States ; 

To establish post offices and post roads ; 

To promote the progress of science and useful arts, by 
securing, for limited times, to authors and inventors, the 
exclusive right to their respective writings and discoveries; 

To constitute tribunals inferior to the Supreme Court ; 

To define and punish piracies and felonies committed 
on the high seas, and offenses against the law of nations ; 

To declare war, grant letters of marque and reprisal, and 
make rules concerning captures on land and water; 

To raise and support armies, but no appropriation of 
money to that use shall be for a longer term than two 
years ; 

To provide and maintain a navy ; 

To make rules for the government and regulation of 
the land and naval forces ; 

To provide for calling forth the militia to execute the 
laws of the Union, suppress insurrections, and repel in- 
vasions ; 

To provide for organizing, arming and disciplining the 
militia, and for governing such part of them as may be 
employed in the service of the United States, reserving 
to the States, respectively, the appointment of the officers 
and the authority of training the militia according to the 
discipline prescribed by Congress ; 

To exercise exclusive legislation in all cases whatsoever, 
over such district (not exceeding ten miles square) as may, 
by cession of particular States, and the acceptance of Con- 
gress, become the seat of the government of the United 



136 Back to the Republic 

States, and to exercise like authority over all places pur- 
chased by the consent of the legislature of the State in which 
the same shall be, for the erection of forts, magazines, 
arsenals, dockyards, and other needful buildings ; and — 

To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers, and all 
other powers vested by this Constitution in the government 
of the United States, or in any department or office thereof. 

Limitations of Federal Powers — Individual Rights 

Sec. 9. The migration or importation of such persons 
as any of the States now existing shall think proper to 
admit, shall not, be prohibited by the Congress prior to 
the year one thousand eight hundred and eight, but a tax 
or duty may be imposed on such importation, not exceed- 
ing ten dollars for each person. 

The privilege of the writ of habeas corpus shall not be 
suspended, unless when in case of rebellion or invasion the 
public safety may require it. 

No bill of attainder or ex post facto law shall be passed. 

No capitation or other direct tax shall be laid, unless in 
proportion to the census or enumeration hereinbefore di- 
rected to be taken. 

No tax or duty shall be laid on articles exported from 
any State. 

No preference shall be given by any regulation of com- 
merce or revenue to the ports of one State over those of 
another; nor shall vessels bound to, or from, one State, 
be obliged to enter, clear or pay duties in another. 

No money shall be drawn from the treasury but in con- 
sequence of appropriations made by law; and a regular 
statement and account of the receipts and expenditures of 
all public moneys shall be published from time to time. 



The Constitution of the United States 137 

No title of nobility shall be granted by the United States. 
And no person holding any office of profit or trust under 
them shall, without the consent of the Congress, accept of 
any present, emolument, office or title, of any kind what- 
ever, from any king, prince or foreign state. 

Limitations of State Powers 

Sec. 10. No State shall enter into any treaty, alliance 
or confederation; grant letters of marque and reprisal; 
coin money; emit bills of credit; make anything but gold 
and silver coin a tender in payment of debts ; pass any bill 
of attainder, ex post facto law, or law impairing the obliga- 
tion of contracts, or grant any title of nobility. 

No State shall, without the consent of the Congress, lay 
any imposts or duties on imports or exports, except what 
may be absolutely necessary for executing its inspection 
laws ; and the net produce of all duties and imposts, laid 
by any State on imports or exports, shall be for the use of 
the treasury of the United States ; and all such laws shall 
be subject to the revision and control of the Congress. 

No State shall, without the consent of Congress, lay any 
duty of tonnage, keep troops or ships of war in time of 
peace, enter into any agreement or compact with another 
State, or with a foreign power, or engage in war, unless 
actually invaded, or in such imminent danger as will not 
admit of delay. 

ARTICLE II 

THE EXECUTIVE 

The Presidency — The Electoral College 
Section 1. The executive power shall be vested in a 
President of the United States of America. He shall hold 
his office during the term of four years, and, together with 



138 Back to the Republic 

the Vice-President, chosen for the same term, be elected, as 
follows : 

Each State shall appoint, in such manner as the legis- 
lature thereof may direct, a number of electors, equal to the 
whole number of Senators and Representatives to which the 
State may be entitled in the Congress; but no Senator or 
Representative, or person holding an office of trust or profit 
under the United States, shall be appointed an elector. 

[The electors shall meet in their respective States and 
vote by ballot for two persons, of whom one at least shall 
not be an inhabitant of the same State with themselves. 
And they shall make a list of all the persons voted for, 
and of the number of votes for each; which list they shall 
sign and certify, and transmit sealed to the seat of the 
government of the United States, directed to the president 
of the Senate. The president of the Senate shall, in the 
presence of the Senate and House of Representatives, open 
all the certificates, and the votes shall then be counted. 
The person having the greatest number of votes shall be 
the President, if such number be a majority of the whole 
number of electors appointed; and if there be more than 
one who have such majority, and have an equal number 
of votes, then the House of Representatives shall imme- 
diately choose by ballot one of them for President; and if 
no person have a majority, then from the five highest on 
the list the said House shall, in like manner, choose the 
President. But in choosing the President the votes shall be 
taken by States, the representation from each State having 
one vote; a quorum for this purpose shall consist of a 
member or members from two-thirds of the States, and a 
majority of all the States shall be necessary to a choice. 
In every case, after the choice of the President, the person 



The Constitution of the United States 1»S9 

having the greatest number of votes of the electors shall 
be the Vice-President. But if there should remain two or 
more who have equal votes, the Senate shall choose from 
them by ballot the Vice-President.*] 

The Congress may determine the time of choosing the 
electors, and the day on which they shall give their votes ; 
which day shall be the same throughout the United States. 

No person except a natural-born citizen, or a citizen of 
the United States at the time of the adoption of this Con- 
stitution, shall be eligible to the office of President; neither 
shall any person be eligible to that office who shall not 
have attained to the age of thirty-five years, and been 
fourteen years a resident within the United States. 

In case of the removal of the President from office, or of 
his death, resignation, or inability to discharge the powers 
and duties of the said office, the same shall devolve on the 
Vice-President, and the Congress may by law provide for 
the case of removal, death, resignation or inability, both 
of the President and Vice-President, declaring what officer 
shall then act as President; and such officer shall act ac- 
cordingly, until the disability be removed, or a President 
shall be elected. 

The President shall, at stated times, receive for his serv- 
ices a compensation which shall neither be increased nor 
diminished during the period for which he shall have been 
elected, and he shall not receive within that period any 
other emolument from the United States, or any of them. 

Before he enter on the execution of his office, he shall 
take the following oath or affirmation: "I do solemnly 
swear (or affirm) that I will faithfully execute the office 



* This paragraph was in force from 1788 to 1803, when it was 
superseded by Article XII of the amendments. 



140 Back to the Republic 

of President of the United States, and will, to the best of 
my ability, preserve, protect and defend the Constitution 
of the United States." 

Powers and Duties of the President 

Sec. 2. The President shall be commander-in-chief of 
the army and navy of the United States, and of the militia 
of the several States, when called into the actual service 
of the United States; he may acquire the opinion, in writ- 
ing, of the principal officer in each of the executive depart- 
ments, upon any subject relating to the duties of their 
respective offices ; and he shall have power to grant re- 
prieves and pardons for offenses against the United States, 
except in cases of impeachment. 

He shall have power, by and with the advice and consent 
of the Senate, to make treaties, provided two-thirds of the 
Senators present concur ; and he shall nominate, and by and 
with the advice and consent of the Senate shall appoint, 
ambassadors, other public ministers and consuls, judges 
of the Supreme Court, and all other officers of the United 
States whose appointments are not herein otherwise pro- 
vided for, and which shall, be established by law; but the 
Congress may by law vest the appointment of such inferior 
offices as they think proper in the President alone, in the 
courts of law, or in the heads of departments. 

The President shall have power to fill up vacancies that 
may happen during the recess of the Senate, by granting 
commissions which will expire at the end of their next 
session. 

The President's Duties 

Sec. 3. He shall from time to time give to the Congress 
information of the state of the Union, and recommend to 



The Constitution of the United States 141 

their consideration such measures as he shall judge neces- 
sary and expedient; he may, on extraordinary occasions, 
convene both houses, or either of them, and in case of dis- 
agreement between them, with respect to the time of 
adjournment, he may adjourn them to such time as he shall 
think proper; he shall receive ambassadors and other pub- 
lic ministers ; he shall take care that the laws be faithfully 
executed, and shall commission all the officers of the United 
States. 

Impeachment of Executive and Civil Officers 
Sec. 4. The President, Vice-President, and all civil offi- 
cers of the United States, shall be removed from office on 
impeachment for, and conviction of, treason, bribery, or 
other high crimes and misdemeanors. 

ARTICLE III 

THE JUDICIARY 

The United States Courts — Supreme and Inferior 
Section 1. The judicial power of the United States shall 
be vested in one Supreme Court, and in such inferior courts 
as the Congress may from time to time ordain and establish. 
The judges, both of the Supreme and inferior courts, shall 
hold their offices during good behavior, and shall, at stated 
times, receive for their services a compensation which shall 
not be diminished during their continuance in office. 

Jurisdiction of the Federal Courts 
Sec. 2. The judicial power shall extend to all cases, 
in law and equity, arising under this Constitution, the 
laws of the United States, and treaties made, or which 
shall be made, under their authority; to all cases affecting 
ambassadors, other public ministers, and consuls; to all 



142 Back to the Republic 

cases of admiralty and maritime jurisdiction; to contro- 
versies to which the United States shall be a party; to 
controversies between two or more States; [between a 
State and citizens of another State*] ; between citizens of 
different States; between citizens of the same State claim- 
ing lands under grants of different States, and between a 
State, or the citizens thereof, and foreign states, citizens, or 
subjects. 

In all cases affecting ambassadors, other public ministers, 
and consuls, and those in which a State shall be a party, 
the Supreme Court shall have original jurisdiction. In all 
the other cases before mentioned, the Supreme Court shall 
have appellate jurisdiction, both as to law and fact, with 
such exceptions and under such regulations as the Congress 
shall make. 

The trial of all crimes, except in cases of impeachment, 
shall be by j ury ; and such trial shall be held in the State 
where the said crimes shall have been committed ; but when 
not committed within any State, the trial shall be at such 
place or places as the Congress may by law have directed. 

Treason and its Punishment 

Sec. 3. Treason against the United States shall consist 
only in levying war against them, or in adhering to their 
enemies, giving them aid and comfort. No person shall 
be convicted of treason unless on the testimony of two wit- 
nesses to the same overt act, or on confession in open court. 

The Congress shall have power to declare the punishment 
of treason, but no attainder of treason shall work corrup- 
tion of blood, or forfeiture, except during the life of the 
person attained. 



* Made void by the Eleventh Amendment. 



The Constitution of the United States 143 

ARTICLE IV 

RELATION OF THE STATE AND FEDERAL GOVERNMENTS 

Recognition of State Acts and Records 
Section 1. Full faith and credit shall be given in each 
State to the public acts, records and judicial proceedings of 
every other State. And the Congress may, by general laws, 
prescribe the manner in which such acts, records and pro- 
ceedings shall be proved, and the effect thereof. 

Regarding Citizens of the States 
Sec. 2. The citizens of each State shall be entitled to all 
privileges and immunities of citizens in the several States. 
A person charged in any State with treason, felony, or 
other crime, who shall flee from justice, and be found in 
another State, shall, on demand of the executive authority 
of the State from which he fled, be delivered up, to be re- 
moved to the State having jurisdiction of the crime. 

No person held to service or labor in one State, under the 
laws thereof, escaping into another, shall, in consequence 
of any law or regulation therein, be discharged from such 
service or labor, but shall be delivered up on claim of the 
party to whom such service or labor may be due. 

Admission of New States, etc. 

Sec. 3. New States may be admitted by the Congress 
into this Union ; but no new State shall be formed or erected 
within the jurisdiction of any other State; nor any State 
be formed by the junction of two or more States, or parts 
of States, without the consent of the legislatures of the 
States concerned as well as of the Congress. 

The Congress shall have power to dispose of and make 
all needful rules and regulations respecting the territory 
or other property belonging to the. United States; and 



144 Bach to the Republic 

nothing in this Constitution shall be so construed as to 
prejudice any claims of the United States, or of any par- 
ticular State. 

Republican Government Guaranteed 
Sec. 4. The United States shall guarantee to every State 
in this Union a republican form of government, and shall 
protect each of them against invasion; and on application 
of the legislature, or of the executive (when the legislature 
cannot be convened), against domestic violence. 

ARTICLE V 

AMENDMENTS TO THE CONSTITUTION 

The Congress, whenever two-thirds of both houses shall 
deem it necessary, shall propose amendments to this Con- 
stitution, or, on the application of the legislatures of two- 
thirds of the several States, shall call a convention for pro- 
posing amendments, which, in either case, shall be valid to 
all intents and purposes, as part of this Constitution, when 
ratified by the legislatures of three-fourths of the several 
States, or by conventions in three-fourths thereof, as the 
one or the other mode of ratification may be proposed by 
the Congress; provided that no amendment which may be 
made prior to the year one thousand eight hundred and 
eight shall in any manner affect the first and fourth clauses 
in the ninth section of the first article; and that no State, 
without its consent, shall be deprived of its equal suffrage 
in the Senate. 

ARTICLE VI 

SUPREME LAW OFFICIAL OATH NO RELIGIOUS TEST 

All debts contracted and engagements entered into before 
the adoption of this Constitution shall be as valid against 



The Constitution of the United States 145 

the United States under this Constitution as under the Con- 
federation. 

This Constitution, and the laws of the United States 
which shall be made in pursuance thereof, and all treaties 
made, or which shall be made, under the authority of the 
United States, shall be the supreme law of the land; and 
the judges in every State shall be bound thereby, anything 
in the Constitution or laws of any State to the contrary not- 
withstanding. 

The Senators and Representatives before mentioned, and 
the members of the several State legislatures, and all ex- 
ecutive and judicial officers, both of the United States and 
of the several States, shall be bound by oath or affirmation 
to support this Constitution ; but no religious test shall ever 
be required as a qualification to any office or public trust 
under the United States. 

ARTICLE VII 

RATIFICATION OF THE CONSTITUTION 

The ratification of the conventions of nine States shall 
be sufficient for the establishment of this Constitution be- 
tween the States so ratifying the same. 

Done in convention by the unanimous consent of the 
States present, the seventeenth day of September, in the 
year of our Lord one thousand seven hundred and eighty- 
seven, and of the independence of the United States of 
America the twelfth. 

In witness whereof, we have hereunto subscribed our 
names. 

Geo. Washington, Deputy from Virginia. 
New Hampshire: Massachusetts: 

John Langdon Nathaniel Gorham 

Nicholas Gilman Rufus King 



146 



Back to the Republic 



Connecticut : 

William Samuel Johnson 

Roger Sherman 
New York: 

Alexander Hamilton 
Delaware : 

George Reed 

Gunning Bedford, Jr. 

John Dickinson 

Richard Bassett 

Jacob Broom 
Maryland : 

James McHenry 

Daniel of St. Thomas 
Jenifer 

Daniel Carroll 
Virginia: 

John Blair 

James Madison, Jr. 
New Jersey: 

William Livingston 

David Brearley 

William Paterson 

Jonathan Dayton 



Pennsylvania: 

Benjamin Franklin 
Thomas Mifflin 
Robert Morris 
George Clymer 
Thomas Fitzsimmons 
James Wilson 
Gouverneur Morris 

North Carolina: 
William Blount 
Richard Dobbs Spaight 
Hugh Williamson 

South Carolina: 
John Rutledge 
Charles Pinckney 
Charles Cotesworth 

Pinckney 
Pierce Butler 

Georgia: 

William Few 
Abraham Baldwin 



Attest: William Jackson, Secretary. 



Amendments to the Constitution 



ARTICLES in addition to or amending the Constitu- 
tion, proposed by Congress, and ratified by the legis- 
latures of at least two-thirds of the several States in accord- 
ance with the fifth article of the original Constitution. They 
relate largely to individual rights and are as follows: 

ARTICLE I 

FREEDOM OF RELIGION, OF SPEECH, OF THE PRESS, AND OF 
PEACEABLE ASSEMBLY 

Congress shall make no law respecting an establishment 
of religion, or prohibiting the free exercise thereof; or 
abridging the freedom of speech, or of the press ; or the 
right of the people peaceably to assemble, and to petition 
the government for a redress of grievances. 

ARTICLE II 

RIGHT TO BEAR ARMS 

A well-regulated militia being necessary to the security 
of a free state, the right of the people to keep and bear 
arms shall not be infringed. 

ARTICLE III 

QUARTERING OF TROOPS 

No soldier shall, in time of peace, be quartered in any 
house without the consent of the owner; nor in time of 
war but in a manner to be prescribed by law. 

ARTICLE IV 

RIGHT OF SEARCH 

The right of the people to be secure in their persons, 
houses, papers and effects, against unreasonable searches 

147 



148 Back to the Republic 

and seizures, shall not be violated, and no warrants shall 
issue but upon probable cause, supported by oath or affirma- 
tion, and particularly describing the place to be searched, 
and the persons or things to be seized. 

ARTICLE V 

CAPITAL CRIME GRAND JURY PERSONAL RIGHTS 

No person shall be held to answer for a capital or other- 
wise infamous crime, unless on a presentment or indict- 
ment of a grand jury, except in cases arising in the land 
or naval forces, or in the militia, when in actual service 
in time of war and public danger; nor shall any person be 
subject for the same offense to be twice put in jeopardy of 
life and limb; nor shall be compelled in any criminal case 
to be a witness against himself, nor be deprived of life, 
liberty, or property, without due process of law; nor shall 
private property be taken for public use, without just com- 
pensation. 

ARTICLE VI 

RIGHTS OF ACCUSED TRIAL BY JURY 

In all criminal prosecutions the accused shall enjoy the 
right to a speedy and public trial, by an impartial jury of 
the State and district wherein the crime shall have been 
committed, which district shall have been previously ascer- 
tained by law, and to be informed of the nature and cause 
of the accusation; to be confronted with the witnesses 
against him; to have compulsory process for obtaining wit- 
nesses in his favor, and to have the assistance of counsel 
for his defense. 

ARTICLE VII 

TRIAL BY JURY IN CIVIL SUITS 

In suits at common law, where the value in controversy 
shall exceed twenty dollars, the right of trial by jury shall 



The Constitution of the United States 149 

be preserved, and no fact tried by a jury shall be otherwise 
re-examined in any court of the United States than accord- 
ing to the rules of common law. 

ARTICLE VIII 

BAIL AND FINES 

Excessive bail shall not be required, nor excessive fines 
imposed, nor cruel and unusual punishments inflicted. 

ARTICLE IX 

RESERVATION OF INDIVIDUAL RIGHTS 

The enumeration in the Constitution of certain rights 
shall not be construed to deny or disparage others retained 
by the people. 

ARTICLE X 

RESERVATION OF STATE AND CIVIL RIGHTS 

The powers not delegated to the United States by the 
Constitution, nor prohibited by it to the States, are reserved 
to the States respectively, or to the people. 

[The first ten amendatory articles were proposed by 
the First Congress, September 25, 1789, and notification of 
their ratification was received from all the States except 
Connecticut, Georgia and Massachusetts.] 

ARTICLE XI 

LIMITATION OF JUDICIAL POWERS 

The judicial power of the United States shall not be con- 
strued to extend to any suit in law or equity, commenced 
or prosecuted against one of the United States by citizens 
of another State, or by citizens or subjects of any foreign 
state. 

[Proposed by the Third Congress, and Congress notified 
of its adoption January 8, 1798.] 



150 Back to the Republic 

ARTICLE XII 

ELECTORS IN PRESIDENTIAL ELECTIONS 

The electors shall meet in their respective States and 
vote by ballot for President and Vice-President, one of 
whom, at least, shall not be an inhabitant of the same State 
with themselves; they shall name in their ballots the per- 
son voted for as President, and in distinct ballots the per- 
son voted for as Vice-President; and they shall make 
distinct lists of all persons voted for as President, and of 
all persons voted for as Vice-President, and of the number 
of votes for each, which lists they shall sign and certify, 
and transmit sealed to the seat of the Government of the 
United States, directed to the President of the Senate; the 
President of the Senate shall, in the presence of the Senate 
and House of Representatives, open all the certificates, and 
the votes shall then be counted; the person having the 
greatest number of votes for President shall be the Presi- 
dent, if such number be a majority of the whole number of 
electors appointed; and if no person have such majority, 
then from the persons having the highest numbers, not ex- 
ceeding three on the list of those voted for as President, 
the House of Representatives shall choose immediately, by 
ballot, the President. But in choosing the President, the 
vote shall be taken by States, the representation from each 
State having one vote. A quorum for this purpose shall 
consist of a member or members from two-thirds of the 
States, and a majority of all the States shall be necessary 
to a choice. And if the House of Representatives shall 
not choose a President whenever the right of choice shall 
devolve upon them, before the fourth day of March next 
following, then the Vice-President shall act as President, 
as in the case of the death or other constitutional disability 



The Constitution of the United States 151 

of the President. The person having the greatest number 
of votes as Vice-President shall be the Vice-President, if 
such number be a majority of the whole number of electors 
appointed; and if no person have a majority, then from the 
two highest numbers on the list the Senate shall choose 
the Vice-President. A quorum for the purpose shall con- 
sist of two-thirds of the whole number of Senators, and a 
majority of the whole number shall be necessary to a choice. 
But no person constitutionally ineligible to the office of 
President shall be eligible to that of Vice-President of the 
United States. 

[Proclaimed September 25, 1804.] 

ARTICLE XIII 

ABOLITION OF SLAVERY 

Slavery and Involuntary Servitude Prohibited 
Section 1. Neither slavery nor involuntary servitude, 
except as a punishment for crime, whereof the party shall 
have been duly convicted, shall exist within the United 
States, or any place subject to their jurisdiction. 

Sec. 2. Congress shall have power to enforce this article 
by appropriate legislation. 

[Proclaimed December 18, 1865.] 

ARTICLE XIV 

PROVISIONS CONSEQUENT ON THE CIVIL WAR 

Protection for All Citizens 
Section 1. All persons born or naturalized in the 
United States, and subject to the jurisdiction thereof, are 
citizens of the United States and of the State wherein they 
reside. No State shall make or enforce any law which 
shall abridge the privileges or immunities of citizens of 
the United States ; nor shall any State deprive any per- 



152 Back to the Republic 

son of life, liberty, or property, without due process of 
law; nor deny to any person within its jurisdiction the 
equal protection of the laws. 

Apportionment of Representatives 
Sec. 2. Representatives shall be apportioned among the 
several States according to their respective numbers, count- 
ing the whole number of persons in each State, excluding 
Indians not taxed. But when the right to vote at any 
election for the choice of electors for President and Vice- 
President of the United States, Representatives in Con- 
gress, the executive or judicial officers of a State, or the 
members of the legislature thereof, is denied to any of the 
male inhabitants of such State, being twenty-one years 
of age and citizens of the United States, or in any way 
abridged, except for participation in rebellion, or other 
crime, the basis of representation therein shall be reduced 
in the proportion which the number of such male citizens 
shall bear to the whole number of male citizens twenty- 
one j^ears of age in such State. 

Rebellion Against the United States 
Sec. 3. No person shall be a Senator, or Representative 
in Congress, or elector of President or Vice-President, 
or hold any office, civil or military, under the United States, 
or under any State, who, having previously taken an oath 
as a member of Congress, or as an officer of the United 
States, or as a member of any State legislature, or as an 
executive or judicial officer of any State, to support the 
Constitution of the United States, shall have engaged in 
insurrection or rebellion against the same, or given aid or 
comfort to the enemies thereof. But Congress may, by a 
vote of two-thirds of each house, remove such disability. 



The Constitution of the United States 153 

The Public Debt 

Sec. 4. The validity of the public debt of the United 
States, authorized by law, including debts incurred for 
payment of pensions and bounties for services in sup- 
pressing insurrection or rebellion, shall not be questioned. 
But neither the United States nor any State shall assume 
or pay any debt or obligation incurred in aid of insurrec- 
tion or rebellion against the United States, or any claim for 
the loss or emancipation of any slave ; but all such debts, 
obligations and claims shall be held illegal and void. 

Sec. 5. Congress shall have the power to enforce, by 
appropriate legislation, the provisions of this article. 

[Declared adopted by concurrent resolution of Congress 
July 21, 1868.] 

ARTICLE XV 

RIGHT OF SUFFRAGE 

Section 1. The right of citizens of the United States to 
vote shall not be denied or abridged by the United States, 
or by any State, on account of race, color, or previous con- 
dition of servitude. 

Sec. 2. Congress shall have power to enforce this article 
by appropriate legislation. 

[Proclaimed March 30, 1870.] 

ARTICLE XVI 

THE INCOME TAX 

The Congress shall have power to lay and collect taxes 
on incomes, from whatever source derived, without appor- 
tionment among the several States, and without regard to 
any census or enumeration. 

[Proclaimed February 25, 1913.] 



154 Bach to the Republic 

ARTICLE XVII 

ELECTION OF SENATORS BY THE PEOPLE 

The Senate of the United States shall be composed of 
two Senators from each State, elected by the people thereof, 
for six years; and each Senator shall have one vote. The 
electors in each State shall have the qualifications requisite 
for electors of the most numerous branch of the State legis- 
lature. 

When vacancies happen in the representation of any 
State in the Senate, the executive authority of such State 
shall issue writs of election to fill such vacancies : Provided, 
That the legislature of any State may empower the execu- 
tive thereof to make temporary appointments until the 
people fill the vacancies by election as the legislature may 
direct. 

This amendment shall not be so construed as to affect 
the election or term of any Senator chosen before it becomes 
valid as part of the Constitution. 

[Proclaimed May 31, 1913.] 



American Standard Dictionaries 

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